Vehicle Compensation : Its Proceedures

22 August 2024Posted inMotor Vehicles Act
When information of a road accident is received in the Police Station, the Investigation Officer (IO), who investigates the accident, shall inspect the site of the accident, take photographs / videos of the scene of the accident and the vehicles involved in the accident and prepare a site plan drawn scale to scale, indicating the lay out and width etc of the roads or places, the position of the vehicles and persons involved and such other relevant facts.

Sale of a Property belonging to a Minor: Its Law

2 August 2024Posted inProperty & Succession
Any property or a share in any joint property owned by a minor, cannot be sold or disposed of by other means, by the natural guardian of the minor, without taking permission from the court. The disposal of property of a minor or creating a charge on it, by the natural guardian under Hindu law is governed by Section 8 of HMGA and Section 29 of the HMGA.

Eviction of Tenant when not paying Rent

1 August 2024Posted inLease & Rent Control
A tenant cannot contest an application filed by the landlord in the Rent Control Court (RCC) for eviction, under Section 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (1965 Act) unless the admitted arrears of rent are cleared, says the High Court of Kerala in Thazheveettil Naushan & Others v Elizabeth Reggive.

Bail to be Granted if Trial gets Prolonged

19 July 2024Posted inCriminal law
The Supreme Court (SC), in Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh, says that a constitutional court cannot be restrained from granting bail to an accused on account of restrictive statutory provisions in a penal statute if it finds that the right of the accused-undertrial under Article 21 of the Constitution of India has been infringed.

Guidelines on Discharging or Framing Charge in a Case

16 July 2024Posted inCriminal law
The High Court of Kerala (HCK), in Sandeep G v State of Kerala (Vandana Das case), laid down the parameters given below while considering the plea of discharge and framing of charges. The HCK relied upon the Supreme Court (SC) decisions in State of Gujarat v. Dilipsinh Kishorsinh Rao (2023) and Vishnu Kumar Shukla v. State of Uttar Pradesh (2023) in arriving at the decisions.

Joinder of Charges under CrPC

23 June 2024Posted inCriminal law
The Section 218 of the Code of Criminal Procedure (CrPC) insists that there would be separate trial for separate charges and that every distinct offence a person is accused of shall be charged separately, says the High court of Kerala in Santosh @ Chandu v State [2024 (1) KLD 714] .