No Need to Summon Sanctioning Officers if Prosecution Sanction is a “Speaking Order”: Kerala Vigilance

Posted inSanction to Prosecute Govt Servant
The Vigilance (E) Department, Government of Kerala, via Circular No: VIG-E3/145/2021-VIG dated 29/07/2021, clarified the procedural requirements for proving a prosecution sanction. Drawing from a catena of judgments, including Md. Iqbal Ahmed v. State of AP [1979 Cr LJ 633 (SC)] and State of Rajasthan v. Dr. A. K. Dutta [AIR 1981 SC 2187] etc, and there is no need for the prosecution to summon the authority if the order is "speaking" (reasoned) and reflects an application of mind.

Extra-Marital Relationship Coupled with Negligence: Grounds for Disqualifying Mother from Child Custody

Posted inMatrimonial and Maintenance Cases
In Indian jurisprudence, an extra-marital relationship or adultery by a mother does not automatically disqualify her from child custody. The courts consistently maintain that a "bad wife" is not necessarily a "bad mother." Adultery does not equate to parental incompetence; an affair cannot be the sole grounds for denying custody unless it is proven that the conduct directly results in the neglect or abandonment of the child.

Modes of Electronic Signing Under Kerala E-Filing Rules

Posted inInf. Technologies for Advocates
An Advocate or Party-in-Person may authenticate filings in one of the following four ways: Digital Signature: Under Rule 6(1) of the 2021 Rules. Aadhaar-based Electronic Signature: Under Rule 6(2) of the 2021 Rules. OTP-based Authentication: Using email or mobile-based OTP, under Rule 6(3) of the 2021 Rules. Physical Signing & Scanning: By preparing, signing, scanning, and uploading the print version to the e-filing portal.

Hash Value: Its Technical Characteristics and Legal Implications for Advocates

Posted inIndian Evidence Act, Inf. Technologies for Advocates
A Hash Value is not just a string of random characters but something more than that. It is the advocate’s primary shield against tampered digital evidence. By understanding its characteristics—Fixed Length, Determinism, and Sensitivity—an advocate ensures that justice is not only done but is seen to be done in the digital age, as well.

Essential Particulars Required in a Bail Application

Posted inBail & Related matters
The Supreme Court in Zeba Khan v. State Of U.P [2026 INSC 144], observed that every petitioner or applicant seeking bail must disclose all material particulars, including criminal antecedents and the existence of any coercive processes such as issuance of non-bailable warrants, declaration as a proclaimed offender, or similar proceedings, duly supported by an affidavit, so as to promote uniformity, transparency and integrity in bail adjudication at different tiers of courts.