Practice of wholesale acceptance of confession statements of accused persons made to police would vitiate the trial and entitle him/her to an acquittal. – Kerala HC The accused was convicted and sentenced to life imprisonment for trespassing into a residence, strangling one victim, murdering another with a billhook, stealing valuables, and attempting to destroy evidence by setting fire to the crime scene and he is now appealing this conviction and sentence in the High Court. The prosecuti...

Competence of power of attorney holder/authorized representative to depose on behalf of the complainant firm in cheque bounce cases: Kerala HC explains. In a case filed under S. 138 NI Act where a complainant firm alleged that the accused issued dishonoured cheques, the Magistrate Court found the accused not guilty due to a perceived incompetence of the complainant's Branch Manager to file the complaint and a lack of specific assertion in the complaint regarding the power of attorney holder...

[S. 320 Cr.PC] For offences compoundable with the permission of the Court mere filing of application for compounding doesn’t lead to acquittal.: Kerala High Court differentiates the legal consequences of compounding offences with or without leave of Court. The case involved job visa fraud charges under Sections 406 and 420 of IPC against the petitioner/accused. The complainant initially sought to compound the offences but later withdrew, leading to the Magistrate court's dismissal of ...

Kerala High Court upholds legality of KSRTC Tour Packages, Dismisses WP challenging non-compliance of MV Act. The petitioner, who operates contract carriage, filed a writ petition challenging the tour packages offered by KSRTC contending that KSRTC's stage carriages were being used for tour packages without the required special permits under Section 88(8) of the Motor Vehicles Act. In response, the Government Pleader asserted that the petitioner's legal or fundamental rights were not vi...

Under the unamended provision of Section 13 (8) of the SARFAESI Act borrower has right to redeem till the sale certificate is registered and the possession is handed over.: Supreme Court The Supreme Court put emphasis on its judgment in Celir LLP vs. Bafna Motors (Mumbai) Pvt. Ltd. & Ors., wherein it decided that as per the amended provisions of Section 13(8) of the SARFAESI Act, the right of the borrower to redeem the secured asset stands extinguishes on the very date of publication of the...