Legal Articles Kerala High Court Rules Culpable Mental State Cannot Be Considered at Pre-Trial Stage in POCSO Cases August 20, 2024 / August 20, 2024 by Bharat Bhushan | Leave a Comment The Kerala High Court has held that the culpable mental state of the accused cannot be considered at the pre-trial stage when the prosecution establishes a prima facie case. The case in question dealt with whether the culpable mental state under the POCSO Act could be considered during the discharge or quashment of proceedings against […] Read more » Culpable Mental State Cannot Be Considered at Pre-Trial Stage in POCSO Kerala High Court
Legal Articles Kerala High Court Orders Reunion of Elderly Couple Separated Due to Dementia Care Dispute October 20, 2023 / October 20, 2023 by Bharat Bhushan | Leave a Comment The Kerala High Court recently issued an order facilitating the reunion of an 80-year-old woman with her 92-year-old husband, who had been taken away by their son to care for him due to his dementia. The case is titled “Shiju K Bhanu v The District Collector & Maintenance Appellate & Ors.” Justice Devan Ramachandran intervened […] Read more » Kerala High Court Orders Reunion of Elderly Couple Separated Due to Dementia Care Dispute"
Legal Articles Kerala High Court Clarifies Application of Section 498A of IPC to Live-In Relationships October 20, 2023 / October 20, 2023 by Bharat Bhushan | Leave a Comment In a recent verdict titled “Narayanan & Ors. v State of Kerala,” the Kerala High Court provided a significant clarification on the application of Section 498A of the Indian Penal Code (IPC). The court ruled that this section, which penalizes cruelty to a married woman, cannot be invoked by women in live-in relationships. Justice Sophy […] Read more » Application of Section 498A of IPC to Live-In Relationships Kerala High Court
Legal Articles Kerala High Court Rebukes Police Officials for Report Delays in High Court Cases October 16, 2023 / October 16, 2023 by Bharat Bhushan | Leave a Comment In a recent development, the Kerala High Court expressed its dissatisfaction with police officials regarding the untimely submission of reports to public prosecutors in cases before the High Court, despite prior directives, as highlighted in the case of Rajesh R v State of Kerala & Ors.. Justice PV Kunhikrishnan pointed out that in nearly all […] Read more » Kerala High Court Kerala High Court Rebukes Police Officials for Report Delays
Legal Articles The Kerala High Court mandates the State to issue a regulation within three months to oversee surgeries for gender selection in infants and children. August 8, 2023 / August 8, 2023 by Bharat Bhushan | Leave a Comment The Kerala High Court issued a directive on Tuesday, requiring the State government to issue a regulatory order within three months to oversee surgeries for gender selection on infants and children. Justice VG Arun specified that until such regulations are in place, sex-selective surgeries should only be performed based on the evaluation of a State […] Read more » Kerala High Court
Legal Articles Test Identification Parade Only Rule Of Prudence, Its Absence Does Not Necessarily Vitiate Identification Of Accused In Court : Kerala High Court March 20, 2023 / March 20, 2023 by Sanjeev Sirohi | Leave a Comment While ruling on a very significant legal topic pertaining to the test identification parade, the Kerala High Court has in a remarkable, robust, rational and recent judgment titled Sabu @ Eetty Sabu v State of Kerala in Crl.A. No. 690 of 2020 and cited in 2023 LiveLaw (Ker) 111 that was pronounced finally on […] Read more » Kerala High Court
Legal Articles Unilateral Bail Cancellation Without Hearing Accused Not Legal : Kerala High Court November 8, 2022 / November 8, 2022 by Sanjeev Sirohi | Leave a Comment While fully, firmly and finally espousing the basic fundamental cardinal principle which is enshrined in the legal maxim titled audi alteram partem or audiatur et altera pars which is a Latin phrase meaning “listen to the other side” or “let the other side […] Read more » Kerala High Court Unilateral Bail Cancellation Without Hearing Accused Not Legal
Legal Articles Anticipatory Bail Application Maintainable Even If Accused Is Outside The Country : Kerala High Court June 3, 2022 / June 3, 2022 by Sanjeev Sirohi | Leave a Comment Sanjeev Sirohi Read more » Anticipatory Bail Application Maintainable Even If Accused Is Outside The Country Kerala High Court
Legal Articles Kerala High Court Notifies Directions For Road Safety Amid Rising Accidents Involving Sabarimala Pilgrims March 7, 2022 / March 7, 2022 by Sanjeev Sirohi | Leave a Comment (I) The 2nd respondent Transport Commissioner, through the Enforcement Officers in the Motor Vehicles Department, and the 3rd respondent State Police Chief, through the District Police Chief of the concerned Districts shall ensure strict enforcement of the Road Safety Policy and also the provisions under the Motor Vehicles (Driving) Regulations, 2017, in terms of the […] Read more » Directions For Road Safety Amid Rising Accidents Involving Sabarimala Pilgrims Kerala High Court
Legal Articles Can’t Dictate Filmmakers To Use Only Decent Language In Films, They Have Artistic Discretion Limited Only By Article 19(2): Kerala HC February 11, 2022 / February 11, 2022 by Sanjeev Sirohi | Leave a Comment a) No such content shall be added on these platforms which would cause any disrespect to the national emblem or national flag. b) Display of content which can hurt religious sentiments could not be streamed. c) Visuals promoting child pornography to be strictly prohibited. d) Content which is banned by the law or order of […] Read more » Can’t Dictate Filmmakers To Use Only Decent Language In Films Kerala High Court They Have Artistic Discretion Limited Only By Article 19(2)Kerala HC