Post-Conviction Remand v. Suspension of Sentence by Magistrate Courts

Posted inBail & Related matters
When a Magistrate Court convicts an accused, the rule that "bail is the rule and jail is the exception" no longer applies. Under Section 389(3) of the Criminal Procedure Code (CrPC) / corresponding Bharatiya Nagarik Suraksha Sanhita (BNSS) provisions, the trial court may suspend a short sentence (not exceeding 3 years) and grant brief post-conviction bail to allow the convict time to file an appeal.

Court Fee Is Payable on the Principal Relief, Not the Ancillary Relief: Kerala High Court

Posted inCode of Civil Procedure 1908 CPC
In Madathil Pakruti v. T.P. Kunjanandan [2025: KER:80993], the Kerala High Court has held that where a suit challenges multiple documents relating to the same property, a declaratory relief against a subsequent document — whose fate depends entirely on the outcome of the challenge to an earlier document — is merely ancillary. The Court fee in such case need be computed only on the principal relief, in terms of the proviso to Section 6(1) of the Kerala Court Fees and Suits Valuation Act, 1959.