Right to bail is not to be denied merely because of the sentiments of the community is against the accused, nor can bail be withheld as a punishment, pending trial. : Kerala High Court in Sharon Raj Murder Case wherein accused was enlarged on bail The Court ruled that after the charge sheet is filed, a strong case must be made for placing a person in judicial custody. This is more so when the accused participated in the investigation without any complaint being raised by the investigating offic...

New Registrar @NUALS Dr. Lina Acca Mathew hastaken charge as Registrar of NUALS on Friday, 15th September. She has been working at Ernakulam Govt Law College as Asst. Professor. Dr. Lina holds a law degree from Government College, Thiruvananthapuram, LLM from National Law School of India University, Bangalore and PhD from Queensland University of Technology, Australia, with 16 years of teaching experience.

Exclusion of pre-arrest bail in respect of the offences of minor rape is not absolute especially when no case is made out or allegations are patently false or motivated. – Kerala High Court The Court elaborated that the criminal justice system needs to strike a balance between punishing the guilty and protecting the innocent. Thus, the exclusion clause under Section 438(4) Cr.PC cannot, by any reasonable interpretation, be treated as applicable when no case is made out or allegations are ...

Mere expectation of the Liquidator that a higher price may be obtained can be no good ground to cancel an otherwise valid auction and go for another round of auction. – Supreme Court Eva Agro Feeds Private Limited v. Punjab National Bank And Anr. Hon’ble Justice B. V. Nagarathna & Hon’ble Justice Ujjal Bhuyan Decided on 6th September, 2023 For full textclick here

While applying the provisions of divorce, the Court must adopt ‘social-context thinking’, cognisant of the social and economic realities, as well as the status and background of the parties. – Supreme Court The Court emphasised that the Trial Court and the High Court should not adopt a hyper-technical and pedantic approach in declining the decree of divorce. In the light of this observation the Court granted divorce where both the parties have moved away and settled in their ...