Non-Recovery of Weapon not Fatal in Conviction

12 January 2025Posted inCriminal law
Non-recovery of weapon used in the commission of the offence is of no consequences at all when the circumstances in the case established beyond doubt that it was the accused who caused the death of the victim, despite no recovery of weapon, says the High Court  of Kerala in Satheesh Babu v State of Kerala [2023:KER:78326].

Compensation for Land Acquisition under 2013 Act

11 January 2025Posted inCivil law
The High Court of Kerala discusses the method of determination of market value of a land slated for acquisition under Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act), and the award of additional market value for structures under Section 30(3) in State of Kerala v V. J.  Mathew S/o Varkey Joseph [2024 3 KHC 413].

Criminal Proceedings can be Quashed under Article 226

7 January 2025Posted inCriminal law
Normally, quashing of criminal proceedings would be sought and done in exercise of the inherent power of the High Court under Section 482 Code of Criminal Procedure Code, 1973 (CrPC). But, that does not mean that it could not be done in invocation of the extraordinary power under Article 226 of the Constitution of India, says the Supreme Court ( SC) in Kim Wansoo v State of Uttar Pradesh & Others [2025 INSC 8].

Registrar of Cooperative Socieities can Collect & Provide Information under RTI Act

6 January 2025Posted inCivil law
If the Registrar of Co-operative Societies has access to the information requested by an applicant under the Right To Information Act (RTI Act), and if the information is not exempt from disclosure under Section 8(1) of the Act, the official is obligated to provide that requested information to the applicant in The Muppathadam Service Co-Operative Bank Ltd. V The State Chief Information Commissioner [2024:KER:90020].

Void Instruments Need not be Cancelled

5 January 2025Posted inCivil law
A void instrument need not be cancelled as such a document is non-existing (non est or null) in the eye of law but voidable written instrument can and need to be cancelled by filing a suit, says the Supreme Court (SC) in Prem Singh & Others v Birbal & Others [AIR 2006 SC 3608].

Injunctions in Civil Cases

5 January 2025Posted inCivil law
Injunction is a judicial order requiring the person to whom it is directed to, to do or refrain from doing a particular act or thing. It is a preventive relief given by a court preventing a party from doing something. Injunctions are of three kinds: temporary, perpetual, or mandatory.