How to Obtain Criminal Case Records by a Stranger in Kerala?

Posted inCriminal lawNo Comments
In Shone George v. Union of India & Anr. [2025:KER:66503], the Kerala High Court observed that as per Rule 226 of the Criminal Rules of Practice, Kerala, the applicant has to file a duly verified Petition, setting forth the purpose for which the copy is required, and the Court is bound to pass an Order on that Petition, except when the application is for certified copy of a Judgment.

Every Bail Application Must Disclose Pendency of Similar Applications Elsewhere

Posted inBail & Related mattersNo Comments
Filing of bail applications simultaneously before different courts in an experimental manner without disclosure of pendency of other applications, amounts to suppression of material facts, and is not permissible and is to be deprecated which may disentitle the applicant to relief, observed Kerala High Court in Lalachan V M v. State of Kerala [2025:KER:87554].

Bail to be Granted When Speedy Trial Cannot be Conducted: Supreme Court

Posted inBail & Related mattersNo Comments
Supreme Court of India increasingly stresses the right to a speedy trial (under Article 21) as a ground for bail, even with restrictions imposed in Prevention of Money-Laundering Act, 2002 (PMLA), especially if trials are delayed. Recent decisions show deep inconsistencies, with different benches reaching contrary results on similar facts, leading to concerns about subjective application of liberty principles.

The Offence of Cheque Dishonor Occurs After 15 Days of Demand Notice for Payment of Debt Amount

Posted inNegotiable Instruments
In Vishnoo Mittal v. Shakthi Trading Company [2025 INSC 346], the Supreme Court explained that the cause of action for S.138 of the Negotiable Instruments Act (NI Act) arises not on the dishonour of the cheque but when the amount remains unpaid after the expiry of fifteen days after the issue demand notice. The return of the dishonoured cheque does not create an offence under Section 138 NI Act.