The burden is always upon the prosecution to establish what it alleges, and it cannot fall back upon a document which it had never relied upon.: Supreme Court emphasises in the context of prosecution relying on transfer certificate not produced by the prosecution but instead by the court summoned witness for establishing the age of the victim in a POCSO case. P. Yuvaprakash v. State Hon’ble Justice S. Ravindra Bhat & Hon’ble Justice Aravind Kumar Decided on 18th July, 2023 For...

A litigant can be non-suited in case he is found guilty of concealing material facts from the court or mis-stating the same. – Supreme Court Principle of constructive res judicata applies if the writ petition was filed after withdrawal of the civil suit. SC held in such cases WP not maintainable if liberty was not granted. Mere notings in the file do not amount to an order unless an order is communicated to a party, thus, no right accrues. – Supreme Court State of Orissa & an...

Teesta Setalvad gets bail from Supreme Court in fabrication of evidence case. Gujarat High Court Order stands quashed. Teesta Atul Setalvad v. State of Gujarat B. R. Gavai, A. S. Boppanna & Dipankar Datta, JJ. Decided on 19th July 2023

There cannot be an insistence on the contempt petitioner for providing the age and name of the father/mother/husband of the respondent. Kerala High Court directed the Registry to number the contempt case. Mount Zion College of Engineering v. Dr. Divya S. Iyer Hon’ble Justice V.G. Arun Decided on 14th July, 2023 For Petitioner : Adv. Jestin Mathew For full textclick here

Centre notifies appointment of new Chief Justices for various High Courts: Justice Ashish Jitendra Desai to be the new Chief Justice of Kerala High Court. For Central Notification on appointment of Chief Justiceclick here