Oral Examination To Explain Interrogatories Shall Be Done Only In Extraordinary Situations: Kerala High Court

The Kerala High Court held that courts should order oral examination (viva voice examination) only in exceptional cases for the purpose of getting further information if a person has not answered or answered insufficiently a question in the interrogatory.Under Order XI Rule 11 of CPC, if a person interrogated omits to answer or answers insufficiently, the Court on an application by...

Reference To IPC Provisions In Definition Of 'Rowdy' Under Anti-Social Activities Law Is A Reference To Relevant BNS Provisions: Kerala HC

While examining the definition of 'rowdy' under the Kerala Anti-Social Activities Prevention Act (KAAPA), the Kerala High Court observed that the reference to the repealed IPC provisions in the definition, has to be construed as a reference to relevant provision in the BNS. It held that when such reference is to a chapter of IPC, the corresponding chapter of BNS shall be referred to and it...

Kerala High Court Orders Mufti Police To Carry ID Cards, Authorization Order For Proper Identification

The Kerala High Court has ordered mufti police to carry their identity cards and the specific order authorizing them to discharge their duties in mufti, for proper identification by the citizens. Mufti police is a term used to refer to police who is wearing civilian dress instead of uniform, during their job.Justice P.V.Kunhikrishnan observed that in the absence of such ID and...

Defense Counsel Can't Be Precluded From Cross-Examining Child Witness Unless He Misuses Liberty & Makes Child Uncomfortable: Kerala HC

The Kerala High Court has ruled that there are no statutory provisions in the newly enacted criminal laws, the POCSO Act, or the Guidelines for Recording of Evidence of Vulnerable Witnesses of 2024 issued by the High Court that permit screening of child witness from the defense counsel.Justice C. Jayachandran observed that it must be presumed that the legislature has considered all the...

Consumer Protection Act 2019 | State Commission Can't Dismiss Compliant For Non-Prosecution, Obliged To Give Decision On Merits: Kerala HC

The Kerala High Court has ruled that the State Consumer Disputes Redressal Commission cannot dismiss a complaint for default or non-prosecution.Justice C.S. Dias said, “…the State Commission is not empowered to dismiss a complaint for default or non-prosecution, but is obliged to decide the complaint on its merits.”The order was passed relying upon Sections 37-B, 38 and 49 of the...

Woman Becomes Eligible For Surrogacy At 23 Years Age And Ineligible On The Preceding Day Of Her 50th Birthday: Kerala HC Clarifies

In reference to Section 4 (c) (i) of the Surrogacy (Regulation) Act 2021, the Kerala High Court stated that a female would be eligible to obtain eligibility certificate for surrogacy when she attains the age of 23 and becomes ineligible on the preceding day of her 50th birthday. The Court thus clarified the maximum age limit for female cannot be extended till the preceding day of the 51st...

Kerala High Court Grants Bail To Man Booked For Sexually Abusing Granddaughter, Notes His Custody Was Causing Further Trauma To Victim

The Kerala High Court released a POCSO accused on bail considering that his prolonged custody was causing trauma to the victim. The accused was the step-grandfather of the victim and she was relying on him for her livelihood.The victim's mother died from cancer 8 years ago. Her father had abandoned her in her childhood hence, she was residing with her grandmother and step-grandfather.The...

Moratorium During Insolvency Process Does Not Bar Cheque Dishonour Proceedings Against Persons Referred U/S 141 Of NI Act: Kerala High Court

The Kerala High Court yesterday (on February 12), observed that during the Corporate Insolvency Resolution Process, initiation of cheque dishonour proceedings, due to the moratorium, is prohibited only against the corporate debtor and not against the persons referred under Section 141 of the Negotiable Instruments Act (N.I. Act). In other words, the accused persons in charge...

Physically Incapacitated Accused On Bail Can Be Permitted To Appear Virtually For Judgment Pronouncement By JMFC: Kerala High Court

The Kerala High Court has ruled that an accused who is out on bail and is physically incapacitated can be permitted to appear through virtual mode on the date fixed for the pronouncement of judgment, by the Judicial First Class Magistrate Court.Section 353(6) CrPC states that an accused, not in custody, has to be present for hearing the judgement pronounced, except when personal appearance...

Death Penalty, Imprisonment, Breach Of Peace, Trial Of Offences: Kerala HC Clarifies Scope & Application Of Criminal Writ Petitions

The Kerala High Court has stated that proceedings that may result in punishments such as death, imprisonment and forfeiture of property should be filed as Writ Petitions (Criminal). It also stated that petitions related to maintenance of law and order, prevention of breaches of peace, prevention of vagrancy should be filed as Writ Petitions (Criminal). Additionally, the Court clarified that...

Suppression Of Assets While Seeking Permission To Sue As 'Indigent Person' Indicates Party Playing Fraud On Court: Kerala High Court

The Kerala High Court has observed that if a person does not fully disclose the details of his property while applying to sue as an indigent person, it is an indication that he wants to play fraud on the court by suppressing his ability to pay court fee.“When a party in possession of movable/s and immovable property/ies fails to disclose the details of movable/s or immovable property/ies,...

Often False POCSO Case Launched Against Spouse To Avoid Handing Over Minor Child's Custody: Kerala High Court

Kerala High Court while quashing a POCSO case filed by the mother on behalf of her child against her divorced husband observed that there are instances where one spouse uses their minor child to file false POCSO case against the other, to win custody cases.“In cases when the husband and wife are in loggerheads and one among them sues for custody of a minor child, there are instances whereby...