Political Parties not workplace
Case BriefsSupreme Court

Supreme Court upheld the Kerala HC decision that political parties are not legally obligated to establish an Internal Complaints Committee under the POSH Act, because there is no employer-employee relationship among the members of political parties, and they do not meet the criteria of a “workplace” as defined under the Act.

bail to man accused of raping wife before marriage
Case BriefsHigh Courts

“When attempts are made to compel the parties to yield to their demands in a matrimonial dispute, recourse to criminal proceedings would defeat the interest of justice, especially if custodial interrogation is permitted. Hence, I am satisfied that this is a fit case where accused ought to be granted pre-arrest bail.”

anti ragging law
Case BriefsHigh Courts

“Despite the recommendations of the Raghavan Committee Report, the Supreme Court directions, and the UGC Regulations, the menace of ragging has not been able to be curbed. That resulted in the unfortunate incident wherein a young, promising student lost his life at the prime of his youth, 21 years.”

Kerala High Court
Case BriefsHigh Courts

The true test for assessing the impact of subsequent events on the landlord’s bona fide need is whether those events completely eclipse the landlord’s need. If not, the Court can proceed with the general rule that the situation at the commencement of the litigation governs the decision.

Kerala High Court
Case BriefsHigh Courts

“A prosecution witness, who was examined already, cannot be recalled by exercising the powers under Section 233 CrPC. However, such an exercise can be done under Section 311 CrPC at any stage, including that of Section 233, provided all the requirements and parameters of Section 311 are otherwise satisfied.”

Kerala High Court
Case BriefsHigh Courts

“It is most unfortunate that the convicts had to undergo incarceration in prison for a period of about 14 years due to the failure of the authorities concerned to take note of the fact that they were juveniles at the time of the commission of the crime.”

Kerala High Court
Case BriefsHigh Courts

“The applicant [MK Nasar] has been undergoing incarceration, at the pre-conviction and post-conviction phases, for over 9 years. Furthermore, the fact that the accused facing the same allegations were earlier imposed a lesser term of imprisonment and have been released after having undergone the sentence is a factor that cannot be ignored.”

Kerala High Court
Case BriefsHigh Courts

“Hearing these cases, we realize how much rigid gender roles and patriarchy have trickled down into societies and guide our thoughts and actions, even in ways we do not understand, at times. We unfortunately continue to follow and perpetuate such unconsciously, which surely warrants continuous education and close introspection.”

Kerala High Court
Case BriefsHigh Courts

“When the proceedings under the DV Act are found to be an abuse of process of Court, in order to secure the ends of justice and to save the parties being put into a frivolous litigation, the High Court must exercise its power under Section 482 of CrPC or under Section 528 of BNSS, otherwise abuse of process of Court would not be addressed or prevented”.