Kerala High Court Weekly Round-Up: January 6 – 12, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 3- 15]Alex C. Joseph v State of Kerala and Others, 2025 LiveLaw (Ker) 3Manjusha K. v Central Bureau of Investigation and Others, 2025 LiveLaw (Ker) 4Sreekumar A. V. v State of Kerala and Another, 2025 LiveLaw (Ker) 5John Varghese v Laila Beegam A. R. and Others, 2025 LiveLaw (Ker) 6Snigdha Kumar v The Inspector of Police and Another, 2025 LiveLaw...

Court Cannot Consider Any Documents Beyond Prosecution Records While Considering Discharge Plea: Kerala High Court

The Kerala High Court held that a Court while considering a discharge plea cannot consider any documents beyond the prosecution record. Justice A. Badharudeen thus refused to accept the argument of the petitioner that the trial court did not consider one of the documents produced by him which is not part of the prosecution records while considering the discharge plea.“The scope and ambit...

Commercial Court Committed Jurisdictional Error By Imposing Pre-Condition To Deposit 50% Of Amount For Stay Against Arbitral Award: Rajasthan HC

The Rajasthan High Court Bench of Justice Sudesh Bansal has held that the Commercial Court has committed jurisdictional error in exercising its discretion arbitrarily, mechanically and injudiciously, while putting the condition to deposit 50% of the awarded amount, for operating stay against arbitral award without assigned justified and sound reasonings. Additionally, the court...

Person Seeking Relief Must File A Petition, Can't Claim It As An Intervenor: Punjab & Haryana High Court Reiterates

The Punjab & Haryana High Court has reiterated that if a person wants to seek a relief then he needs to be file a petition, and he cannot claim the relief by filing an application to be impleaded as intervenor.A division bench of Chief Justice Sheel Nagu and Justice Sudhir Singh said, "It is settled in law that if any person wants to seek a relief, then he/she has to file a petition...

High Court Says Delhi Govt Dragged Its Feet On Placing CAG Reports Before Legislative Assembly, Calls It 'Unfortunate'

The Delhi High Court on Monday orally remarked that the Delhi Government dragged its feet on placing various reports of the Comptroller and Auditor General (CAG) before the Legislative Assembly, calling the situation unfortunate. Justice Sachin Datta was hearing a plea seeking direction to the Delhi Government and Chief Minister to forward the 14 CAG reports to the Speaker of the...

'Re-evaluation Is Not Permissible In Cases Where Authorities Have Ensured Clarity', Patna High Court

A Division Bench of the Patna High Court comprising Chief Justice K. Vinod Chandran and Justice Nani Tagia while setting aside a judgment of a Single Judge directing re-evaluation held that in cases related to re-evaluation, the court may permit such re-evaluation or scrutiny only if it is demonstrated very clearly, without any "inferential process of reasoning or by a process...

Kerala High Court Declines To Interfere With State's Decision To Allow Govt Employees To Re-Take Dept Exam Due To COVID-19

The High Court held that the Government was within its powers under Rule 39 of Part II of Kerala State and Subordinate Service Rules (KS & SSR) while giving extra chance to State Government employees who had not passed the departmental test necessary for promotion during the COVID-19 pandemic.The Government passed this order after getting representations from employees that they could...

Karnataka High Court Dismisses Plea Of Jayalalithaa's Legal Heirs Seeking Return Of Her Properties Confiscated In DA Case

The Karnataka High Court on Monday dismissed an appeal challenging a trial court filed by the legal heirs of former Tamil Nadu Chief Minister J Jayalalithaa, seeking to release her property/assets seized by the authorities in the disproportionate assets case registered against her in 2004, in their favour. A single judge, Justice V Srishananda, dismissed the appeal filed by J Deepak and...

Madhya Pradesh High Court Grants Custody Of New-Born To Minor Rape Survivor Under Guardianship Of Her Parents

In a recent ruling, the Jabalpur Bench of Madhya Pradesh High Court has granted the custody of a new-born baby to her mother, a minor rape survivor, under the guardianship of her parents. The single-judge bench of Justice Avanindra Kumar Singh observed, “There is no doubt that mother of newly born baby is the best person in the world to look after the baby and if she wants to take...

2018 Tweet Case: Delhi High Court Closes Mohammed Zubair's Plea To Return Devices Allegedly Seized Beyond Scope Of FIR

The Delhi High Court on Monday disposed of a petition moved by Alt News Co Founder Mohammed Zubair, in connection with 2018 tweet case, seeking that any device or document seized by the Delhi Police, being beyond the allegation in FIR, be restored to him.Justice Swarana Kanta Sharma closed the plea and asked Zubair to move an appropriate application before the concerned magistrate to seek...

Application For Extension Of Time Cannot Be Dismissed Due To Mentioning S.151 Of CPC Instead Of S. 29A Of Arbitration Act: Himachal Pradesh HC

The Himachal Pradesh High Court bench of Justice Rakesh Kainthla has held that it is well-settled law that mere mentioning of an incorrect provision is not fatal to the application if the power to pass such an order is available with the court. Brief Facts: The applicant/petitioner has filed an application under Section 151 of CPC for extension of time to comply with the order...

Nowadays There Can Be No Presumption That Victim Would Always Tell Entire Story Truthfully In Rape Cases: Allahabad High Court

While granting bail to a man accused of sexually exploiting a married woman on the pretext of providing her government job, the Allahabad High Court recently observed that nowadays, there can be no presumption that in all rape cases, the prosecutrix would always tell the entire story truthfully. “No doubt in the matter of rape, the statement of the prosecutrix should be...