Criminal Law - Murder by Criminal Conspiracy – Circumstantial Evidence – Sections 302, 120-B and 201 IPC – Conviction and Life Imprisonment Confirmed – The Supreme Court upheld the conviction of A-1 to A-4 under Sections 302 and 120-B IPC and additionally under Section 201 IPC for A-4, for conspiring and murdering the deceased, fiancé of A-4, due to personal relation...
Bail – Non-appearance of Accused – Scope of Judicial Discretion – Bail Restored – The appellants, accused under Section 353 IPC and Sections 3(1)(r)(s) of SC/ST (PoA) Act, were earlier released on regular bail but remanded to custody due to non-appearance on a hearing date – High Court held absence was not deliberate, matter was pending for charge framing, and appella...
Matrimonial Law - Maintenance – Section 12, 18, 19, 20, 22, and 23 of the Protection of Women from Domestic Violence Act, 2005 (D.V. Act) - Interim Maintenance – Enhancement – Financial Capacity of Husband – Maintenance Upheld – The petitioner-husband challenged the enhanced maintenance of ₹1,00,000/- per month fixed by the Additional Sessions Judge on the ground of...
Criminal Contempt – Publication of Scandalous Remarks – Section 2(c) of the Contempt of Courts Act – Conviction Upheld – The respondent posted a series of derogatory and scurrilous statements on Facebook targeting sitting Judges of the Kerala High Court, alleging political bias, improper motives, and judicial dishonesty – The Court held that attributing such motives t...
Criminal Law - NDPS - Forfeiture of Property – Dismissal of Appeal Due to Procedural Defect – Remedy Restored – The petitioners challenged the order of Appellate Tribunal dismissing their appeal under Section 68(O) NDPS Act on grounds of non-removal of defects, where petitioner No.2 could not file a signed affidavit due to incarceration – The High Court held that the Appell...
Criminal Law - Transfer of Trial – Fair Trial and Access to Justice – Transfer Granted – The petitioner sought transfer of trial under Section 447 BNSS citing inability to secure effective legal representation as private respondents, accused in FIR, were practicing advocates in the same district court where trial was pending – The High Court accepted that petitioner’s...
Matrimonial Law – Domestic Violence Act – Section 12, 19 – Illegal Possession – Police Excess – Alternative Accommodation – The High Court considered multiple connected cases concerning domestic violence, forcible possession, and right to residence under the Protection of Women from Domestic Violence Act, 2005 – The Court held that forcible possessio...
Human Rights Violation – Compensation and Systemic Reforms – Disability Rights in Prisons – The Supreme Court examined the appeal by a disabled advocate who was falsely implicated, illegally arrested, and incarcerated without adequate medical care and reasonable accommodations – The Court upheld the enhancement of compensation to ₹5,00,000/- for custodial torture by polic...
Criminal Law – Section 13(1)(d), 13(2) of the PC Act - Appeal Against Dismissal of Quashing - Criminal Conspiracy and Abuse of Building Permission – Illegal Construction in Violation of Municipal Rules – Prosecution Upheld – The appellant-owner, in conspiracy with municipal corporation officials, obtained a renovation permit, despite there being no requirement under Kerala ...
Judicial Service Law - Strictures Against Judicial Officer – Principles of Natural Justice – Unwarranted Strictures Expunged – Appeal Allowed – The appellant, a Judicial Officer in Rajasthan, challenged the adverse remarks made by the High Court against him while granting bail to an accused without considering criminal antecedents – The Supreme Court held that the Hig...