Quashing of DV Application Impermissible u/S 482 CrPC

4 December 2022Posted inCriminal law
A Full Bench of the Madras High Court, in Arul Daniel & Others v/s Suganya & Others, held that proceedings under Section 12 of the Domestic Violence Act (DV Act) can be challenged in the High Court only under Article 227 of the Constitution. Such proceedings cannot be challenged by invoking the court's power under Section 482 Criminal Procedure Code (CrPC).

Arrest of an Accused: Its Legal Provisions

30 November 2022Posted inCriminal law
The police officer has wide powers for making arrest without warrant when a reasonable complaint or credible information reaches him, but it should be exercised cautiously. The police officer must have sufficient materials for exercising independent judgement at the time of making arrest. Police Officer has enough discretion in making arrest without warrant. That must be exercised not at his sweet will, but when there is reasonably founded suspicion as to commission of a cognizable offence.

Registration of Marriage even after both Died or Divorced

30 November 2022Posted inFamily, Marriage & Divorce
Kerala Registration of Marriages (Common) Rules of 2008 allow registration of marriage and issue of marriage certificates even after one of the life partners dies. The law is silent on whether it is possible to register a marriage when both the life partners are not alive. However, there have been some cases in which the marriage has been registered and certificate was issued after the demise of both the husband and the wife, in one case, and after the couple got a divorce decree from a court despite having no prior registration of marriage, in another case.

Survey Officer can decide Boundaries, but not the Title

29 November 2022Posted inCivil law, Property & Succession
Under Section 9 of the Kerala Survey and Boundary Act 1961 (KSBA), the survey officer has the power to determine and record any boundary as undisputed in respect of which no dispute is brought to his notice. However, they cannot decide the question of a disputed title which a court alone can do. This is what the High Court of Kerala says in Thomas and Others v Philip [ 2022 (4) KHC 451].

Can a Cheque be Paid after the Death of its Maker?

27 November 2022Posted inNegotiable Instruments
A cheque which has been issued by a person but presented by the drawee after his death, cannot be paid by the bank. On the death of the drawer of a cheque, the cheque issued by him ceases to be a valid cheque. The reason is that on the moment of the death of the drawer of the cheque the balance amount available on his bank account will vests in his nominee or legal heir.

Watching or Sharing Sexual Materials: Is it a Crime?

17 November 2022Posted inCriminal law
Watching the pornographic content, except child rape or child pornography or violence against women, in a private space is not at all illegal in India. But sharing and distribution of such content/material is illegal. However, watching the pornographic content such as child rape, child pornography, or violence against women, in a private space itself is a criminal offence.

SC Judgement in EPF Pension Case

5 November 2022Posted inCivil law
In the judgement delivered on 4th November 2022 in the EPFO v B Sunil Kumar & Connected Cases, the Supreme Court (SC) upheld the Employees' Pension (Amendment) Scheme 2014. The 2014 amendment fixed the maximum salary for joining the EPF Pension Scheme to be Rs 15,000 per month with effect from 1st September 2014.

Permissibility of DNA Test in Court Cases

3 November 2022Posted inCriminal law
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

31 October 2022Posted inCriminal law
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

30 October 2022Posted inFamily, Marriage & Divorce
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.