Mere absence of the goods in the vehicle at the time of the accident would not preclude the Court from treating the person travelling in the vehicle as the owner accompanying the goods as contemplated under Section 147 (1) (b) (i) of the Motor Vehicles Act provided, there is other evidence indicating that he was travelling in the vehicle in such capacity. New India Assurance Company Ltd. v. Ammini & Ors. Hon'ble Justice Ziyad Rahman A.A. For Petitioner : Advs. Lal George & Sebastia...

When a citizen alleges arbitrariness in executive action, the High Court must examine the issue, of course, within the context of judicial restraint in academic matters. While respecting flexibility in executive functioning, courts must not let arbitrary action pass through. Supreme Court orders compensation to candidate who was denied appointment due to arbitrary action of the recruiting institute Manoj Kumar v. Union of India Hon’ble Justice Pamidighantam Sri Narasimha & Hon’b...

Courts have the power to ignore opinion evidence if the same is against the substantive evidence. –– Kerala High Court Deepak v. State of Kerala Decided on 6th February, 2024 By Hon’ble Justice A. Badharudeen For Petitioners : Advs. Mansoor Ali & Bijith S. Khan For Respondents : Advs. T. Gopalakrishnan & K. Denny Devassy (Sr. PP) Reported by Preethi Anne Alex

TP Chandrasekhran Murder case: Kerala High Court upholds Trial Court conviction of 10; sets aside acquittal of 2; Hearing on sentence awaited. All means adopted, and illegal acts done in furtherance of the object of the conspiracy hatched can be used to prove the existence of the conspiracy under Section 120B of the IPC. Kerala High Court reiterates Mere political affiliation of witness as opposed to that of accused cannot be a ground to reject his testimony. Kerala HC emphasised testimony of ...

Victim cannot be penalised for the procedural irregularities or technical defects if any committed by the investigating officer. Kerala High Court Noel Joseph v. State of Kerala Hon’ble Justice Sophy Thomas Decided on 14th February, 2024 For Appellants : Adv. Sebastian Joseph (Kurisummoottil) For Respondent : Adv. Vipin Narayan (Sr. Public Prosecutor) Reported by Preethi Anne Alex