Withholding mutual consent in a failed marriage is nothing but cruelty. –– Kerala High Court The Court noted that many sunsets have re-dawn, but life is yet to reset and the context of this observation was many failed attempts at reaching a settlement in a matrimonial case of divorce.Mutual consent for divorce failed due to unmet expectations in negotiations, and the court emphasized its role in resolving genuine disputes rather than facilitating ego battles. The concept of no-faul...

Mere acquittal in a criminal case would not automatically entitle a candidate for being declared fit for appointment to the post of a law enforcement agency. – Supreme Court The Court explains that the yardstick to be applied in cases where the appointment sought relates to a Law Enforcement Agency, ought to be much more stringent than those applied to a routine vacancy for the simple reason that possession of a higher moral conduct is one of the basic requirements for appointment to a po...

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 ...