Certificate U/S 65B Evidence Act Mandatory To Admit Electronic Evidence, Expert's Report U/S 293 CrPC Not Its Substitute: Kerala High Court

The Kerala High Court has held that the report of a government expert obtained under Section 293 of the CrPC cannot be considered as a formal substitute for a certificate under Section 65B of the Evidence Act which is used to prove the validity of electronic evidence. The Court stated that expert report under Section 293 of CrPC only analyses the evidence and that does not automatically makes the electronic record admissible.In the facts of the case, the DVR initially produced before the Trial...

S.35(3) BNSS | 'What Power Do You Have?': Kerala HC Orally Reprimands Sub-Inspector For Summoning Accused's Lawyer For Questioning In Probe

The Kerala High Court on Tuesday (March 25) orally reprimanded a Sub-Inspector of Police for issuing a notice under Section 35(3) of the BNSS to the lawyer of the accused, summoning him for investigation involving the latter's clients. Section 35(3) states that the police officer shall, in all cases where the arrest of a person is not required under Section 35(1), issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been...

Tenant Ordered To Pay Enhanced Rent Can't Be Burdened With Substantial Arrears Due To Delay In Proceedings: Kerala HC Calls For Reasonable Installments

The Kerala High Court observed that a tenant who is ordered to pay enhanced fair rent to the landlord cannot be burdened with the payment of a substantial amount in arrears due to delay in the completion of judicial proceedings.The Court referred to the decision in Irvin John Jayarajan and Others v. Madhavi alias Narayani Amma (2022) held that the time limit of four months prescribed...

Although Magistrate's Jurisdiction U/S 14 Of SARFAESI Act Does Not Involve Adjudication, Order Cannot Be Passed Without Application Of Mind: Kerala HC

The Kerala High Court reiterated that while a Magistrate exercising jurisdiction under Section 14 of the SARFAESI Act does not adjudicate on creditor's application for taking possession of the secured assets, they are required to clearly apply mind since it can have drastic consequences. The Court stated that this is the reason why the Parliament has empowered high officials like Chief...

Walayar Rape-Death Case | Kerala High Court Issues Notice On Plea By Victim's Parents To Quash CBI Chargesheet Adding Them As Accused

The Kerala High Court on Monday (March 24) issued notice on a plea filed by the parents of two girls–who were allegedly raped and killed in Walayar in 2017–to quash the charge sheet filed by the CBI which arraigns them as accused. The matter came up before the bench of Justice C. Jayachandran, where Senior Prosecutor for CBI, Senior Advocate Dr. K. P. Satheesan took notice.The CBI...

CSI Medical College Corruption Case: Kerala HC Declines To Quash ED Chargesheet Against Ex-Church Of South India Bishop

The Kerala High Court on Monday (March 24) has refused to quash the charge sheet filed by Enforcement Directorate against Former Church of South India (CSI) Bishop A Dharmaraj Rasalam in the alleged Karakonam CSI Medical College corruption case.The former Bishop was arrayed as the second accused by the ED and the matter is before the Special Court dealing with PMLA Cases. Justice V.G....

Kerala High Court Refuses To Appoint Special Public Prosecutor In Evidence Tampering Case Against MLA Antony Raju

The Kerala High Court has dismissed the petition seeking to appoint a Special Public Prosecutor in the trial of MLA Antony Raju in the evidence tampering case. Justice Kauser Edappagath took into account the fact that the trial has already commenced and there is a direction from the Supreme Court to finish the trial within a year.“Considering the fact that there is nothing to show that...

Kerala High Court Weekly Round-Up: March 17 - 23, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 181 – 202]XXX v Union of India, 2025 LiveLaw (Ker) 181Badi Govindan v Dayaroth Arikothan Rohini, 2025 LiveLaw (Ker) 182T K Pavithran v Kerala Lok Ayukta, 2025 LiveLaw (Ker) 183Kerala Waqf Samrakshana Vedhi v State of Kerala and Others, 2025 LiveLaw (Ker) 184Dhanesh M v State of Kerala, 2025 LiveLaw (Ker) 185Ummu Kulsoom and Others v Mayyanad...

To Check If Special Rules Violate State & Subordinate Service Rules, It Needs To Be Seen If Both Can Co-Exist Without Colliding: Kerala HC

The Kerala High Court observed that to see whether special rules of a service are repugnant to the general provisions of the Kerala State & Subordinate Service Rules (KS & SSR), it has to be checked whether both provisions can co-exist in a given situation without going into a collision course.The Division Bench of Justice A. Muhamed Mustaque and Justice P. Krishna Kumar in its...

Kerala High Court Suggests Mandatory Mentoring, Training Classes For Young Lawyers During First 5 Yrs Of Practice

The Kerala High Court today suggested that younger members of the Bar should get mandatory mentoring for at least first five years of their practice.A Division Bench of Justice A.K.Jayasankaran Nambiar and Justice Easwaran S enquired with Advocate Yeshwanth Shenoy, President of Kerala High Court Advocates Association (KHCAA) whether mentoring can be provided to the younger members of the Bar...

Revenue Cannot Re-Assess Time Barred Assessment Under KVAT Act Based On CAG Report: Kerala High Court

The Kerala High Court stated that revenue cannot re-assess time barred assessment under KVAT Act based on CAG report. The Division Bench of Justices A.Y. Jayasankaran Nambiar and Easwaran S. observed that “there cannot be an exercise of power under Section 25A of the KVAT Act beyond the period of limitation prescribed under Section 25(1) of the KVAT Act. In fact the provisions...

Valid Adoption By Christians Made As Per Civil Law Is Recognized Under Canon Law: Kerala High Court

The Kerala High Court has held that there is no prohibition under Canon Law for a valid adoption for Christians. In doing so, the Court referred to the 'Code of Canons of the Eastern Churches', where there is a mention of adopted children. Further Canon 110, which is followed by some sects of Christians, provides that, children, who have been adopted according to the norm of civil law...