In Cheque Case, Appeal against Acquittal lies to HC
The appeal against the acquittal of the accused in a cheque bounce case can be filed only before the High Court, says the Calcutta High Court in Ms. Todi Investors v Ashis Kumar Dutta & Another.
Permissibility of DNA Test in Court Cases
The Article 20(3) of the Constitution of India protects an individual from giving testimonial evidence against himself. But despite such a safeguard an accused cannot escape from giving his blood sample during the investigation of a criminal case on the basis of that protection, the Kerala High Court in Das @ Anu v. State of Kerala ruled.
Custodial Interrogation not required is no Ground to allow Bail
Even if custodial interrogation is not required by the prosecution, then that would not be a sound reason to grant anticipatory bail. The need for custodial interrogation is a relevant aspect to be considered in anticipatory bail petitions. But that is not the only ground that the courts need to consider while deciding any application for anticipatory bail. In many cases, custodial interrogation of the accused may not be required at all. But that does not mean that the accused might be granted anticipatory bail.
Modified Procedures of Family Courts in Kerala
In order to reduce the inordinate delay in disposal of cases by the Family Courts in the Kerala State, the High Court of Kerala issued the following general directions, in Shiju Joy v Nisha and a batch of petitions, decided on 23rd March 2021.
The High Court has powers to frame rules for the functioning of the Family Courts in regard to the procedures to be followed by them.
Refusing to Register a Marriage illegal
Refusal to register a duly solemnised Hindu marriage by the Registrar of Marriages (Common) based on the reason that the mother of the bride belongs to Muslim community is unjust and illegal. This is what the High Court of Kerala says in Lalan PR & Another v Chief Registrar of Marriages (Common) & Another.
Method of Proving the Age of the Child Victim
To prove the age of the victim the following three methods are genrally resorted to:
the matriculation or equivalent certificates, if available; and in the absence whereof;
the date of birth certificate from the school (other than a play school) first attended; and in the absence whereof;
the birth certificate given by a corporation or a municipal authority or a panchayat;
A Will has to be Cancelled within Three Years
The period of limitation for filing a suit to cancel or set aside an instrument or decree or for rescission of a contract is 3 years as per Article 59 of the Limitation Act, the High Court of Kerala reasserts in its judgement in Cheriyan T Tharakan & Others v Saramma Cheriyan @Ammini & Others.
Consent of the Family not essential in Marriage
The Supreme Court (SC), however, says if two consenting adult individuals agree to enter into a marriage, the consent of the family or the community or the clan is not necessary. The concern of the individuals has to be given primacy.
Appeal can be Filed in case of no Reply under RTI
The failure of the State Public Information Officer (SPIO) of a Public Authority to provide information to the applicant within the specified period of 30 days under Section 7 (1) of the Right to Information Act (RTI) shall be deemed to be a refusal of request. The Section 7(1) of the RTI provides for disposal of the request for information within 30 days of the request by either providing it or rejecting the application.
UGC Regulations have Priority over University Laws: SC
The issue whether the UGC Regulations shall prevail over the State legislation/State Act has been answered emphatically by the Supreme Court (SC) once again in Professor (Dr.) Sreejith P.S. v Dr. Rajasree M.S. & Ors.
The SC categorically holds the appointment of Vice Chancellors in the state universities should be as per the prevailing UGC Regulations if the regulation is in conflict with the State’s University Act.
Role of the Victim’s Advocate in Criminal Proceedings
A victim has the right to engage an advocate in the criminal proceedings she is involved in, under the law.
The legal provision that empowers her to engage an advocate of his choice to assist the prosecution of criminal case, with due permission of the court is the proviso to Section 24 (8) of the Criminal Procedure Code (CrPC).
Judgement must be Clear, Simple & Comprehensible: SC
In State Bank of India and Another v Ajay Kumar Sood, the Supreme Court (SC) set aside the judgement of the High Court of Himachal Pradesh in view of the language of the judgement was incomprehensible and therefore remitted it back to the High Court to rewrite it in an easy-to-understand style.