Menon Associates

Menon Associates Adv. A Suresan & Associate lawyers, Thrissur & High Court, Ekm. Former Dist Govt Pleader& Special PP.

26/10/2025

[16/10, 16:20] +91 62827 95714: SC/ST Act - When accused had personal knowledge of victim or victim's family, S.8(c) creates presumption that accused was aware of victim's caste identity, and this presumption applies unless accused proves otherwise

*2025 KHC OnLine 6870*
[16/10, 18:00] +91 62827 95714: 🟠 Evidence Act - Edited or selectively produced digital evidence (WhatsApp messages/conversations) is not admissible in evidence even if supported by a certificate under Section 65B

🟠 POSCO Act - A victim's testimony alone is sufficient for conviction in s*xual assault cases without requiring additional corroboration, provided the witness shows consistency and reliability throughout their evidence

🟠 Evidence Act - Digital communications must be produced in their entirety as complete documents, and selective editing renders such evidence unreliable regardless of technical compliance

*2025 KHC OnLine 1078*
[16/10, 18:03] +91 62827 95714: 🔲 TP Act - Attestation of gift/settlement deed - No particular form or sequence is prescribed for attestation under the TP Act - Essential requirement is that attesting witnesses see the executant sign and sign themselves in executant's presence

🔲 Limitation Act - When a registered document is sought to be avoided and a declaration regarding title is sought, the reliefs for declaration and recovery of possession cannot be granted without setting aside the document - Therefore, relevant Article which is applicable is Article 59 and not Article 65

🔲 Evidence Act - In a case of a settlement deed, the obligation to examine the attesting witness arises only when the executant denies the ex*****on of the deed

*2025 KHC OnLine 1079*
[16/10, 19:48] +91 73061 40649: 🔻 Motor Accident Compensation - For computing loss of income, emoluments and benefits accruing to the deceased under various heads ought to be included, irrespective of whether they are taxable or not

🔻 Motor Accident Compensation - Deduction towards income tax - Income tax deduction must be based on actual tax rates applicable to the deceased's income slab in the relevant year, not an arbitrary flat percentage

*2025 KHC OnLine 6873*
[16/10, 20:03] +91 73061 40649: 🟦 Service - Waitlisted candidates have no automatic right to appointment in future vacancies once all selected candidates from the original recruitment have joined their posts

🟦 Service - A legal concession made by counsel that violates statutory recruitment rules does not bind the Government and can be corrected by placing the proper legal position before Court

🟦 Service - Reserved panels or wait lists operate only for limited periods tied to specific recruitments and cannot continue indefinitely across multiple recruitment cycles

*2025 KHC OnLine 6871*
[17/10, 11:03] +91 62827 95714: 🟤 Land Acquisition Compensation - Market value must be determined using actual sale prices of similar nearby properties from preceding three years, not Government ready reckoner rates, when genuine sale transactions available

🟤 Land Acquisition - Rental compensation or damages for unauthorized use awarded only when Government unlawfully detained possession before formal acquisition, not when landowner retained possession and beneficial use throughout

🟤 Land Acquisition - Equitable compensation under S.28 of Right to Fair Compensation Act, 2013, allows additional payments for special circumstances, but requires proof that landowner was actually deprived of possession and beneficial use

*2025 KHC OnLine 6872*
[17/10, 12:50] +91 62827 95714: 🟪 CPC - Appeal from original decree - Power under Order XLI Rule 33 does not enable the Appellate Court to revisit the entire findings of the Trial Court against a person who has not appealed against the portion by which he is aggrieved

🟪 CPC - Scope of an appeal under Section 96 will have to be confined to the challenge raised against an original decree though passed ex parte - This means that it would apply only to the extent the person is aggrieved

🟪 CPC - Order XLI Rule 22 permits as a general rule a respondent to prefer an objection directed only against the appellant and only in exceptional cases where the relief sought against the appellant is intermixed with the relief granted to other respondents can such objection be directed against other respondents

*2025 KHC OnLine 1080*
[17/10, 15:49] +91 62827 95714: 🟡 CPC - When a suit is instituted for possession based on title, the burden is on the defendant to prove adverse possession for the prescriptive period, and this cannot be an issue on which the plaint could be rejected at the threshold under Order 7 Rule 11

🟡 CPC - Rejection of plaint – Where several reliefs are sought in suit, if any one of the reliefs is within the period of limitation, the plaint cannot be rejected as barred by law by taking recourse to Order 7 Rule 11 (d)

🟡 Adverse possession - When a suit is based on title for possession, once the title is established based on relevant documents and other evidence, unless the defendant proves adverse possession for the prescriptive period, the plaintiff cannot be non-suited

*2025 KHC OnLine 6874*

26/10/2025

[17/10, 16:02] +91 62827 95714: 🔵 Limitation Act - Exclusion of time of proceeding in Court without jurisdiction – S.14 does not extend to a case where the Court, which possesses jurisdiction, erroneously declines to entertain the proceeding on a mistaken perception or wrong application of legal principles

🔵 Limitation Act - A decree holder cannot claim exclusion of time under S.14(2) when the earlier ex*****on petition was filed in a Court that had jurisdiction but erroneously returned it on a mistaken belief that it lacked jurisdiction

🔵 Limitation Act - S.14 does not treat a refiled proceeding as a continuation of the original - It is a fresh proceeding with only the time spent in the earlier proceeding excluded from limitation computation

*2025 KHC OnLine 1082*
[17/10, 16:19] +91 62827 95714: Deeds and documents - Registered documents carry a presumption of valid ex*****on - Burden to prove non-ex*****on lies on the person challenging the document with substantive evidence

*2025 KHC OnLine 1079*
[17/10, 16:56] +91 62827 95714: Service - Appointing a waitlisted candidate from a decades-old recruitment after all original vacancies were filled violates recruitment rules and harms candidates in subsequent recruitment processes

*2025 KHC OnLine 6871*
[17/10, 16:59] +91 62827 95714: 🟩 BSA - Defence counsel can confront witnesses during cross-examination with relevant documents about the place of occurrence even if the witness did not create them, provided the witness can identify or speak to their relevance

🟩 BSA - Cross-examination can extend to all relevant facts, not just those mentioned during examination-in-chief, allowing broader questioning on matters connected to the case

🟩 BSA - Trial Courts must decide objections about document admissibility during the proceeding or at the end of the witness's testimony, not defer them to final judgment, to avoid cluttering records with irrelevant material

*2025 KHC OnLine 1083*
[17/10, 17:02] +91 62827 95714: 🛑 DV Act - Contempt proceedings cannot be initiated for non-payment of maintenance ordered under the DV Act, as the remedy is to execute the order as per the procedure established by law

🛑 Contempt of Court - Weapon of contempt is not to be used for ex*****on of a decree or implementation of an order for which an alternative remedy in law is provided for

*2025 KHC OnLine 1085*
[17/10, 17:15] +91 62827 95714: 🔲 Criminal Conspiracy - Conspiracy is a continuing offence that subsists until it is executed, rescinded, or frustrated

🔲 Criminal Conspiracy - Conspiracy is an exception to the general rule that intent alone does not constitute crime - It requires both intention to commit crime and an agreement with others having the same intention to carry out that objective

🔲 Criminal Conspiracy - Since conspiracy is hatched in private or secrecy, it can rarely be established by direct evidence and must usually be inferred from circumstances, conduct, and declarations of the accused

*2025 KHC OnLine 1081*
[17/10, 17:40] +91 62827 95714: 🟦 Surrogacy Act - Age restrictions do not apply retrospectively to couples who started surrogacy procedures before the Act came into force on January 25, 2022

🟦 Surrogacy Act - Couples who have extracted gametes, created embryos, and frozen them before the Act's enforcement are considered to have "commenced" surrogacy procedures and are exempt from subsequent age restrictions

🟦 Surrogacy Act - Right to access surrogacy for medically necessitated cases is a fundamental right under Article 21 of Constitution

*2025 KHC OnLine 6856*
[17/10, 17:46] +91 62827 95714: ◾ Mediation - Lawyers must develop listening skills and adopt non-adversarial approach when acting as mediators, as mediation requires different skills from litigation

◾ Mediation - Successful mediation depends on selfless effort, trust-building and personal engagement rather than adversarial techniques

◾ Mediation - Indian Courts envision a 'swadeshi mediation' model that integrates goodness and character with professional mediation practice

*2025 KHC OnLine 6866*
[17/10, 17:51] +91 62827 95714: ⬛ Ex*****on of Decree - A decree for allotment of a plot cannot be defeated by claiming the plot has lost identity through unauthorized merger or illegal constructions

⬛ Ex*****on Proceedings - Objections regarding loss of identity of property cannot be raised for the first time during ex*****on when such facts existed at the time of original proceedings but were not brought before Trial Court or Appellate Court

*2025 KHC OnLine 6867*
[17/10, 17:54] +91 62827 95714: 🔻 Constitution of India - High Court should not entertain writ petitions when an effective statutory Tribunal exists to decide service disputes, as Tribunals function as Courts of first instance for such matters

🔻 Service - Rejection of candidates' certificates during recruitment does not constitute extraordinary circumstances justifying bypassing Tribunal and directly approaching High Court –

🔻 Service - Karnataka State Administrative Tribunal possesses comprehensive powers including interim relief, ex*****on of orders, contempt proceedings, and review, making it an effective remedy for service disputes

*2025 KHC OnLine 6878*
[17/10, 19:18] +91 73061 40649: 🟪 TP Act - An agreement to sell does not transfer ownership or create any right in immovable property

🟪 Muslim Law - Matruka property means all movable and immovable property left by a deceased Muslim, which must be distributed among heirs according to prescribed shares under Muslim law after satisfying any valid Will (limited to one-third of estate)

🟪 Muslim Law - When a Muslim man dies without children, his widow is entitled to one-fourth share of his estate as a 'Sharer' under Muslim law

*2025 KHC OnLine 6879*
[17/10, 19:43] +91 73061 40649: 🟤 Constitution of India - CBI Investigation - Power to direct CBI investigation must be exercised sparingly, cautiously and only in exceptional situations where material on record prima facie discloses commission of offences - Mere doubt, assumption or unexplained suspicions are insufficient grounds for such extraordinary orders

🟤 Service - In the matters relating to recruitment, it would not be appropriate to direct CBI investigation in routine course unless the facts brought on record are so abnormal that shake the conscience of the Court

🟤 CBI Investigation - A CBI investigation should not be directed as a matter of routine or merely because a party casts certain aspersions or harbors a subjective lack of confidence in the State Police

*2025 KHC OnLine 6877*

26/10/2025

[17/10, 19:59] +91 73061 40649: Contempt of Courts Act - Contempt proceedings must be filed within one year from the date the alleged violation occurred, even in High Courts with inherent constitutional powers

*2025 KHC OnLine 2163*
[18/10, 11:03] +91 62827 95714: 🔵 Evidence Act - Objections about absence of certification under S.65B for electronic records must be raised during trial - If not raised then, such objections cannot be made for the first time in appeal as it denies the prosecution a chance to fix the defect

🔵 Evidence Act - Challenges to how a document was proved (procedural defects) must be raised when the document is presented in Court, but objections to documents that are completely inadmissible can be raised at the appellate or revisional stage

🔵 PC Act – Sanction for prosecution - Minor errors or irregularities in prosecution sanction do not automatically invalidate a conviction unless the Court finds it caused actual injustice to the accused

*2025 KHC OnLine 1086*
[18/10, 12:27] +91 62827 95714: *The Law on Criminal Procedure – Key Changes in the Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 251(2) of the BNSS: Presence of the accused through audio-video electronic means*

Article
*Justice R. Narayana Pisharadi*
Former Judge, High Court of Kerala

*2025 (6) KHC J-67*

Refer KHC in MOBILE to Read and Download Judgments - Articles
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[18/10, 12:49] +91 62827 95714: Limitation Act - Where a suit is for possession of immovable property or any interest therein based on title, the limitation period is 12 years from the date when the possession of the defendant becomes adverse to the plaintiff

*2025 KHC OnLine 6874*
[18/10, 14:17] +91 62827 95714: 🟩 Criminal Conspiracy - Conspiracy creates joint responsibility whereby any act done by any conspirator in ex*****on or furtherance of the common purpose is deemed to have been done by each conspirator, including collateral acts growing out of the original purpose

🟩 Criminal Conspiracy - Conspirators need not know every detail of the plot or participate from inception - Unity of purpose and participation at different stages are determinative factors

🟩 Criminal Conspiracy - Essence of conspiracy is combination by agreement - Offence is committed as soon as the agreement is made and continues until the conspiratorial agreement is terminated by completion, abandonment, or frustration

*2025 KHC OnLine 1081*
[18/10, 16:04] +91 62827 95714: Surrogacy Act - Freezing of embryos represents the crystallization point where couples show clear intention to pursue surrogacy, being the final step before involving a surrogate mother

*2025 KHC OnLine 6856*
[18/10, 17:14] +91 62827 95714: 🛑 Constitution of India - High Court may exercise writ jurisdiction despite alternative remedies only in three situations: enforcement of fundamental rights, violation of natural justice, or challenge to jurisdiction/vires of legislation

🛑 Administrative Tribunals Act - When a Statute creates a right and prescribes a specific remedy, litigants must first exhaust that statutory remedy before invoking the High Court's discretionary writ jurisdiction

*2025 KHC OnLine 6878*
[18/10, 17:42] +91 62827 95714: Practice and Procedure - Judgments written in regional languages must be translated into English with utmost care and accuracy, as every word and punctuation mark matters for Appellate Courts to properly understand the Lower Court's findings and reasoning

*2025 KHC OnLine 6879*
[18/10, 17:45] +91 62827 95714: 🟡 Electricity Act – Amnesty/OTS Schemes - Electricity Board cannot reject applications under a One-Time Settlement (OTS) Scheme by adding eligibility conditions or restrictions that are not expressly stated in the Scheme itself

🟡 Electricity Act – Amnesty/OTS Schemes - Courts cannot add, modify, or supplement the terms and conditions of an Amnesty Scheme - Consumers and Electricity Board are strictly bound by what is expressly stated in the Scheme

🟡 Electricity Act – Amnesty/OTS Schemes - An Amnesty Scheme is an offer for settlement between the Electricity Board and Consumers that must be governed solely by its express terms and conditions, creating binding obligations on the Board

*2025 KHC OnLine 1087*
[18/10, 18:55] +91 73061 40649: 🟠 Surrogacy Act - Couples who began surrogacy procedures when no age limits existed acquired a vested constitutional right that cannot be taken away retrospectively without express legislative intent

🟠 Surrogacy Act - Ten-month transition period in the Act protects only existing surrogate mothers, not intending couples who had commenced procedures but not yet involved a surrogate mother

🟠 Surrogacy Act - Concerns about parenting capability and gamete quality do not justify retrospective application of age limits, especially when natural conception and adoption have no such age restrictions

*2025 KHC OnLine 6856*
[18/10, 19:32] +91 73061 40649: 🔲 IPC – Offence of murder - Conviction cannot be sustained when the prosecution suppresses or fails to establish the origin and manner of the incident, and the accused is entitled to benefit of doubt in such circumstances

🔲 Criminal Trial - Testimony of eyewitnesses providing materially contradictory versions about the genesis and location of the incident cannot form the basis for conviction

🔲 Criminal Trial - Testimony from a partially reliable witness requires independent and credible corroborative evidence; without such corroboration, conviction cannot be sustained

*2025 KHC OnLine 6880*
[19/10, 07:07] +91 73061 40649: 🟦 Income Tax Act - When a non-resident Company maintains business correspondence with clients, submits bids, and incurs business expenses during a period without active contracts, it is considered to be carrying on business, thereby entitling it to claim business expense deductions and carry forward of depreciation

🟦 Income Tax Act - Deduction of business expenditure - A business going through a lean period of transition which could be revived if proper circumstances arose, must be termed as lull in business and not a complete cessation of the business

🟦 Income Tax Act - A non-resident Company does not need a permanent office in India to be considered as carrying on business in India for tax purposes

*2025 KHC OnLine 6881*
[19/10, 13:51] +91 73061 40649: Criminal Trial - Sentencing – Courts are obligated to adopt a balanced and principled approach in matters of sentencing - Undue leniency can cause public confidence in the justice system to decline, while excessive severity may lead to injustice

*2025 KHC OnLine 6884*
[19/10, 18:56] +91 73061 40649: ⬛ Transfer petition - Transfer of suits is justified when parties are the same, issues substantially overlap, and the same evidence would be required in both cases, as separate trials would duplicate proceedings and risk inconsistent judgments

⬛ Patents Act - A suit for groundless threat of patent infringement under S.106 has an independent cause of action separate from a patent infringement suit

*2025 KHC OnLine 6885*
[20/10, 10:47] +91 62827 95714: ◾ Evidence Act S.27 – Recovery evidence - When multiple accused are involved, it is legally impossible to accept that they all gave identical information simultaneously and prosecution must specify which accused gave what specific information to connect each person to the recovery

◾ Evidence Act - A conviction cannot be based solely on recovery evidence under S.27 without corroborating evidence, as disclosure statements are not strong enough on their own to prove guilt beyond reasonable doubt

◾ Evidence Act - For recovery evidence to be valid, prosecution must prove the exact information received from the accused while in custody that led to the recovery

*2025 KHC OnLine 1089*
[20/10, 11:05] +91 62827 95714: 🟪 Workmen's Compensation Act - Insurer can be made a party in compensation proceedings under the Act and held directly liable to pay compensation if the claim is covered by the insurance contract

🟪 Workmen's Compensation Act - Commissioner has power under S.19 to determine insurer's liability and decide questions of indemnity within the compensation proceedings itself, without requiring a separate suit

🟪 Workmen's Compensation Act - Commissioner can make both employer and insurer jointly and severally liable to pay compensation when the liability falls within the scope of the insurance contract

*2025 KHC OnLine 6875*
[20/10, 11:31] +91 62827 95714: 🟤 Contempt of Court - When Supreme Court allows withdrawal of an intra-Court appeal, contempt proceedings for violation of the restored High Court Single Judge's order lie before the High Court, not the Supreme Court

🟤 Doctrine of merger - Application of the doctrine of merger depends on the nature of the appellate or revisional order in each case and scope of statutory provisions conferring the appellate or revisional jurisdiction

*2025 KHC OnLine 6876*
[20/10, 11:46] +91 62827 95714: 🟠 BCI Verification Rules - Bar Council members whose term has expired can only complete verification of certificates, not conduct disciplinary proceedings against Advocates

🟠 Advocates Act - After a State Bar Council's extended term expires, disciplinary powers must be exercised by a Special Committee constituted under Advocates Act

*2025 KHC OnLine 2165*
[20/10, 12:16] +91 62827 95714: IPC – Offence of criminal breach of trust by public servant - Once prosecution proves money or property was given to the accused and the accused failed to account for it, the burden shifts to the accused to explain what happened - Failure to explain leads to conviction for misappropriation

*2025 KHC OnLine 1086*
[20/10, 14:11] +91 62827 95714: 🔵 Airport Authorities - Officers at international airports must be properly trained in applicable laws before arresting travellers to avoid wrongful detention and damage to India's international reputation

🔵 Wild Life (Protection) Act - Prosecution cannot continue when forensic report confirms seized animal part belongs to non-protected species not listed under the Act

*2025 KHC OnLine 7580*
[20/10, 15:09] +91 62827 95714: 🛑 Transgender Rights - Supreme Court issues comprehensive directions for implementing Transgender Rights Act 2019 and its Rules

🛑 Transgender Rights - Supreme Court recommends creation of gender-neutral facilities, inclusive policies in education and employment, sensitization programs, and protection mechanisms to ensure practical equality for transgender persons

🛑 Transgender Rights - Supreme Courts constitutes expert advisory committees including activists and Government officials to formulate comprehensive policies addressing gaps in legislation and ensuring effective protection of marginalized communities

*2025 KHC OnLine 6882*
[20/10, 16:21] +91 62827 95714: 🟡 Transgender Rights - Union and State Governments have a mandatory duty under the Constitution and 2019 Act to prevent discrimination against transgender persons through affirmative action, welfare measures, and creating grievance redressal mechanisms

🟡 Transgender Rights - Government inaction and failure to implement the Transgender Rights Act 2019 and its Rules amounts to discrimination, making the Union and States liable for violating constitutional rights of transgender persons

🟡 Transgender Rights - Private schools can be held liable for discriminating against transgender persons in employment matters, even if they are unaided institutions, when discrimination is based on gender identity

*2025 KHC OnLine 6882*
[20/10, 16:31] +91 62827 95714: 🔲 Kerala Private Forests (Vesting and Assignment) Act - Land under coffee and cardamom plantation cultivation before the appointed day of the Act (10/05/1971) is exempted from vesting if proven through substantial documentary, official, and expert evidence showing continuous plantation use

🔲 Kerala Private Forests (Vesting and Assignment) Act - Standard of proof for claiming exemption from private forest vesting is preponderance of probabilities, not absolute certainty, and claimants need not produce direct evidence of every historical fact from decades ago

🔲 Kerala Private Forests (Vesting and Assignment) Act - Cardamom cultivation under shade trees qualifies as “cultivation” under the Act even if it superficially resembles forest, as the statutory definition includes cultivation of any plant species

*2025 KHC OnLine 6886*
[20/10, 17:15] +91 62827 95714: Income Tax Act - A non-resident Company conducting business communications with Indian entities from its foreign office is considered to be carrying on business in India, and physical presence or Indian office is not mandatory

*2025 KHC OnLine 6881*
[20/10, 17:19] +91 62827 95714: 🟦 Constitution of India - Courts can award monetary compensation under Art.32 for discrimination against transgender persons by both Government and private establishments when fundamental rights are violated and no other remedy exists

🟦 Constitution of India - Constitutional guarantee of equality under Art.14 includes the right to reasonable accommodation for transgender persons, requiring positive steps by State and private establishments to ensure equal participation

🟦 Transgender Rights - Principle of reasonable accommodation is implied in the Transgender Rights Act 2019, casting mandatory obligations on Government and establishments to provide facilities, safe environments, and equal opportunity policies

*2025 KHC OnLine 6882*
[20/10, 17:25] +91 62827 95714: Workmen's Compensation Act - Practice of Insurance Companies unnecessarily filing appeals by raising technical pleas – Deprecated - Insurance companies should not file unnecessary appeals on technical grounds when they do not deny ultimate liability under the insurance contract

*2025 KHC OnLine 6875*
[20/10, 18:51] +91 73061 40649: Karnataka Value Added Tax Act - Main contractor is entitled to reduce the amount paid to sub-contractors from total consideration while calculating the tax payable under the Act in respect of works contract, despite the absence of a specific provision under the Act granting such deduction

*2025 KHC OnLine 6887*
[20/10, 19:24] +91 73061 40649: 🟪 Transgender Rights - Act 2019 extends constitutional protections against discrimination to private establishments including schools, companies, and firms, making them legally bound to ensure equality

🟪 Transgender Rights - Supreme Court has power under Art.32 to award compensation for fundamental rights violations by both State and private actors in appropriate cases where rights breach is established

🟪 Constitution of India - Writ petitions can be filed against private unaided schools for employment discrimination when it violates fundamental rights as horizontally applied through Transgender Rights Act 2019

*2025 KHC OnLine 6882*
[21/10, 10:24] +91 62827 95714: Kerala Private Forests (Vesting and Assignment) Act - Private forest vesting under Section 3(1) operates subject to exemptions in Sections 3(2) and 3(3) which protect bona fide agricultural lands to balance conservation with cultivators' rights

*2025 KHC OnLine 6886*
[21/10, 11:15] +91 62827 95714: 🔻 Constitution of India - Term "s*x" in Articles 15 and 16 includes "gender identity," protecting transgender persons from discrimination just like other protected categories

🔻 Transgender Rights - Discrimination can occur through neutral policies that disproportionately harm transgender persons or perpetuate disadvantage, even without discriminatory intent, violating constitutional equality guarantees

🔻 Transgender Rights - Courts must apply constitutional morality rather than popular morality, rejecting discrimination based on stereotypes or prejudices even if socially accepted

*2025 KHC OnLine 6882*
[21/10, 12:39] +91 62827 95714: ⬛ Street Vendors' Rights - Municipality cannot seize and destroy vendor's goods without following proper procedure including inventory, preservation period, and opportunity for retrieval, even if vendor lacks license

⬛ Street Vendors' Rights - Street vendor whose goods are illegally seized and destroyed by municipal authorities without due process is entitled to compensation for violation of right to livelihood under Art.21

*2025 KHC OnLine 2167*
[21/10, 14:48] +91 62827 95714: 🟤 Bail - High Court cannot modify its bail order when appeal against that order is pending before Supreme Court

🟤 Bail - Accused concealing pendency of Supreme Court appeal and modification proceedings from Court forfeits right to anticipatory bail protection

*2025 KHC OnLine 7581*
[21/10, 16:59] +91 62827 95714: 🟠 Transgender Rights - Denial of equal opportunities in social life violates the constitutional right to dignity, as dignity cannot exist without equality of status and meaningful participation

🟠 Constitution of India - Article 17's prohibition of untouchability extends to social exclusion of transgender persons and applies to private actors, requiring them to ensure dignity and prevent discrimination

*2025 KHC OnLine 6882*
[21/10, 17:47] +91 62827 95714: Constitution of India – Art.226 - Students who complete their course cannot be denied certificates due to pending disciplinary proceedings initiated during their enrolment

*2025 KHC OnLine 2168*
[21/10, 19:06] +91 73061 40649: 🔵 Constitution of India - A writ petition invoking the jurisdiction of Supreme Court under Article 32 is maintainable for seeking quashing of an FIR and consequential proceedings

🔵 U.P. Conversion Act - Only aggrieved person who was converted or their close family members can file an FIR under the Act - An FIR filed by an office bearer of a religious organization who was not a victim is invalid

🔵 CrPC - Law does not permit registration of more than one FIR for the same incident or occurrence

*2025 KHC OnLine 6883*
[22/10, 11:18] +91 62827 95714: 🛑 Constitution of India - Denying liquor canteen facility to retired CISF personnel while granting it to retired personnel of other Central Armed Police Forces violates the constitutional guarantee of equality under Article 14

🛑 Constitution of India - Retired CISF personnel are entitled to purchase liquor through the Central Liquor Management System from CRPF Liquor Canteen or any other Liquor Canteens of Central Armed Police Forces

*2025 KHC OnLine 1090*
[22/10, 11:56] +91 62827 95714: 🔵 CrPC - Courts can quash criminal proceedings even after charge-sheet is filed if the FIR and charge-sheet collectively show no offence is made out or continuation would be abuse of process

🔵 Aadhaar Act - Mere recovery of Aadhar cards and card printing machine, does not indicate towards the commission of an offence on its own in the absence of explicit proof that setup was being utilized to print forged Aadhar cards and not the updated ones as per the prescribed procedure, or for printing identity cards of students and staff at the institution from where the machine was recovered

*2025 KHC OnLine 6883*
[22/10, 14:08] +91 62827 95714: ⏺️ Kerala Co-operative Societies Act - Co-operative Arbitration Court has power to order production of documents relating to matters in question in an election petition

⏺️ Kerala Co-operative Societies Act - Co-operative Arbitration Court trying the election petition has to adjudicate the dispute based on the pleadings and for the adjudication of the dispute, the Court is required to allow the parties in the dispute to lead relevant evidence

*2025 KHC OnLine 1091*
[22/10, 16:47] +91 62827 95714: Paddy Land Act - Illegal paddy land reclamation - High Court expresses concern about the disparity where vehicle owners face harsh confiscation proceedings, while landowners escape liability by merely restoring land

*2025 KHC OnLine 2172*
[22/10, 19:44] +91 73061 40649: 🟦 Sabarimala - Dwarapalaka Idols - Higher officials of Devaswom Board bear collective responsibility for protecting temple property and cannot shift blame to subordinates when pilferage occurs

🟦 Sabarimala - Dwarapalaka Idols - High Court directs investigating team to expand inquiry beyond initial allegations to examine larger conspiracy and complicity of officials at all levels

*2025 KHC OnLine 2171*
[23/10, 11:12] +91 62827 95714: ⭕ KVAT - Revenue authorities cannot proceed against company directors for tax arrears without first attempting recovery from the company and proving director's negligence

⭕ KVAT - Directors of private companies are liable for tax dues only when company assets are unavailable and after being given opportunity to prove absence of negligence or breach of duty

*2025 KHC OnLine 2173*
[23/10, 12:54] +91 62827 95714: 🛑 BNSS - An accused who has been granted permanent exemption from personal appearance can answer questions under Section 351 through a written statement or via electronic video linkage, without requiring physical presence in Court

🛑 CrPC - Court, in its discretion, can authorise the detention of an accused, framing of charges and recording of the statement of accused under S.313 of CrPC through the electronic video linkage

🛑 BNSS - Charges can be read and explained to an accused either physically or through audio/video electronic means

*2025 KHC OnLine 1092*
[23/10, 15:36] +91 62827 95714: 🟤 Corporal punishment by teachers - A teacher who administers reasonable corporal punishment in good faith solely to maintain discipline and correct students, without intention to cause harm, cannot be prosecuted for offences under S.324 of IPC and S.75 of the JJ Act

🟤 Corporal punishment - When parents entrust children to schools, they impliedly consent to teachers exercising disciplinary authority, including reasonable corporal punishment necessary for maintaining school discipline and correcting students - However, this consent does not extend to unreasonable or harmful punishment

*2025 KHC OnLine 1093*
[23/10, 16:42] +91 62827 95714: CPC - Courts must pronounce judgments within 30 days of final hearing, or maximum 60 days in exceptional cases; delays beyond this violate mandatory legal timelines

*2025 KHC OnLine 2174*
[23/10, 17:40] +91 62827 95714: 🔵 UAPA - Written grounds of arrest must be furnished to accused at time of apprehension; Court's explanation during remand cannot substitute this mandatory requirement

🔵 CrPC - Formal reasons for arrest mentioned in arrest memo are different from grounds of arrest which must contain specific details personal to the accused justifying their detention

*2025 KHC OnLine 7583*
[23/10, 19:48] +91 73061 40649: 🟧 Hindu Succession Act - Act cannot apply to Scheduled Tribes without Central Government notification

🟧 Constitution of India - Scheduled Tribe status requires Presidential notification under Articles 341 and 342 for inclusion or exclusion

*2025 KHC OnLine 7584*
[23/10, 20:13] +91 73061 40649: ⏺️ Constitution of India - Travancore Devaswom Service Rules, 2022 prescribing merit-based qualifications for temple priests (Santhis) are constitutionally valid and do not violate religious freedom under Articles 25 and 26

⏺️ Devaswom - Travancore Devaswom Service Rules, 2022 allowing appointment of temple priests through accredited institutions without caste restrictions are upheld - Caste-based or hereditary restrictions on priestly appointments are unconstitutional and violate fundamental rights to equality and human dignity

⏺️ Devaswom - Kerala Devaswom Recruitment Board has statutory authority to collaborate with Travancore Devaswom Board in framing Service Rules, 2022, accredit training institutions, prescribe qualifications, and regulate temple recruitment processes

*2025 KHC OnLine 2175*

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