Presumption of innocence is not just a legal principle but a fundamental human right. Kerala High Court sets aside the conviction and sentence of an accused pointing out the lapses in investigation and emphasised that a fair trial for the accused, a constitutional guarantee under Article 21 of the Constitution, becomes meaningless if the investigation in a murder case raises serious concerns about its fairness. 2024 KLT OnLine 2177 Hon’ble Mr. Justice Raja Vijayaraghavan V. & Hon&rs...

An accused punished under Section 302 IPC, cannot be awarded separate punishment under Section 324 IPC as an offence of murder takes within its sweep the ingredients of the offence of causing hurt to the deceased. – Kerala High Court reiterates 2024 KLT OnLine 2179 Hon’ble Mr. Justice P.B. Suresh Kumar & Hon’ble Mr. Justice C. Pratheep Kumar Ragesh v. State of Kerala Decided on 30th August, 2024 For Petitioner : Advs. Godwin Joseph, Arun Babu B., Naveen.R, Sajeev K.M., Sh...

Sanctity of the evidence pertaining to dying declaration cannot be said to have been lost for the sole reason that there were subtle difference in the evidence adduced by the witnesses with regard to the language in which the last words were spoken by the deceased, if the meaning conveyed by those words is one and the same. 2024 KLT OnLine 2178 Nagaratnam v. State of Kerala Hon’ble Mr. Justice Raja Vijayaraghavan V. & Hon’ble Mr. Justice G. Girish Decided on 30th August, 2024 F...

Convenience of the child has to be given preference and weightage while considering a transfer petition in guardianship matters. – Kerala High Court 2024 KLT OnLine 2160 Hon’ble Mr. Justice Viju Abraham Babumon v. Sini Decided on 30thJuly, 2024 For Petitioner : Advs. T.M. Raman Kartha, Manjula Nair, M.S. Soujath, Revathy M.A., Greeshma T.G. & Sneha Brigit Prince For Respondent : Adv. Udayakumary C. K For judgment 'click here'

A landowner who continued with the possession of land even after the land acquisition proceedings could not maintain an action for injunction on the strength of such possession. Kerala High Court reiterates 2024 KLT OnLine 2163 Hon’ble Mr. Justice M.A. Abdul Hakhim Calicut Corporation v. Manalody Moideen Koya Haji Decided on 31stJuly, 2024 For judgement 'click here'