“In this country we do not administer justice by plebiscite.”: Kerala HC quotes Judge Hiller B. Zobel (trial of Nanny, Louise Woodward) while granting anticipatory bail to two practicing lawyers accused of rape of their client. The case involves a complaint filed by a woman seeking a divorce who alleges that she was sexually abused by her lawyer and his colleague over a two-year period. The accused lawyers sought anticipatory bail. The complainant argues that granting bail to the ...

In accordance with the SC Judgment in Ms. lndira Jaising vs. Supreme Court of India, the High Court of Kerala has effected amendments to the High Court of Kerala (Designation of Senior Advocates) Rules, 2018. For full textclick here

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 ...