S.326 IPC | Whether Stone Constitutes 'Dangerous Weapon' Depends On Its Nature, Size, Sharpness Or Potential To Cause Death: Kerala High Court

The Kerala High Court has held that a stone need not always be a 'dangerous weapon' for the purpose of attracting the offence under Section 326 of the Indian Penal Code (IPC).In the present case, the criminal revision petitioner was convicted of the offence for hitting the de facto complainant on his face with a stone and for causing fracture of the bone.For context, Section 326 IPC provides...

Is A Hindu Wife Entitled To Receive Maintenance From Immovable Property Of Husband? Kerala High Court Refers To Full Bench

The Kerala High Court has referred for consideration of the Full Bench the question of entitlement of a Hindu wife to receive maintenance from the immovable property of her husband.The Division Bench of Justice Satish Ninan and Justice P. Krishna Kumar framed the following questions for consideration by the Full Bench:"(a) Is a Hindu wife entitled to receive maintenance from the...

[DV Act] Victim's Sole Testimony Reliable For Conviction As Ill-Treatment Happens In Confines Of House: Kerala High Court Reiterates

While considering a cruelty case lodged against a husband and his kin, the Kerala High Court observed that sole evidence of a domestic violence victim is reliable for conviction in such cases as often ill-treatment and harassment happens within the confines of the house.The court however underscored that the testimony can be relied on as sole evidence for conviction provided it is convincing...

Kerala High Court Rejects Ex-MLA R Rajesh's Appeal Against Initiation Of Contempt Case Over FB Post Against Judge

The Kerala High Court on Monday (July 21) held that the appeal preferred by former MLA R. Rajesh against the criminal contempt proceedings initiated against him for making a 'stinking Facebook post' against a sitting judge, was not maintainable.The division bench of Justice Anil K. Narendran and Justice Muralee Krishna S. was hearing the question of maintainability of the appeal today.The...

Kerala High Court Denies Bail To Accused In Chinese Loan App Money Laundering Case

Kerala High Court recently dismissed the bail plea of Sayid Muhammed, the fifth accused in the alleged Chinese Loan application scam who has been booked for offences under Prevention of Money Laundering Act.Justice Bechu Kurian Thomas, dismissed the regular bail application stating that the investigation indicates the clear involvement of the petitioner as well as his active connection with...

Kerala High Court Weekly Round-Up: July 14 – 20, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 414 - 436]Jijin R. v. State of Kerala & Ors., 2025 LiveLaw (Ker) 414Badusha v State of Kerala, 2025 LiveLaw (Ker) 415The Chancellor, Kerala University of Digital Sciences Innovation and Technology v. State of Kerala, 2025 LiveLaw (Ker) 416The Changanaserry Rubber Marketing Co-Operative Society Ltd v. State of Kerala and Anr., 2025 LiveLaw...

Motorbike Constitutes 'Dangerous Weapon' U/S 324 IPC If Used To Cause Harm To Human Body: Kerala High Court

The Kerala High Court has held that a motorbike can qualify as a 'dangerous weapon' under Section 324 of the Indian Penal Code, if it is used intentionally to cause harm.Justice Kauser Edappagath delivered the judgment interpreting the provision which penalizes the offence of "voluntarily causing hurt by dangerous weapons or means".The petitioner had been found guilty under section 324 of IPC...

Kerala HC Clarifies : Judgment On Joint Family Abolition Act's Repugnancy With Hindu Succession Act Applies Only In Mitakshara Law Cases

The Kerala High Court recently passed an interim order correcting its judgment on succession under Hindu law, wherein it was held that Sections 3 and 4 of the Kerala Joint Hindu Family System (Abolition) Act 1975 are repugnant to Section 6 of the Hindu Succession (Amendment) Act, 2005.The Court observed that it mainly dealt with the case governed by Mitakshara Law while pronouncing the...

Mandatory To Conduct 'Air Blank Test' To Ensure Breath Analyser Has 'Zero' Calibration Before Taking Sample : Kerala High Court

The Kerala High Court recently passed a judgment directing the Director General of Police (DGP) to issue necessary directions to the police officers of the State to mandate conduct of Air Blank Test and ensure that the calibration is at 'zero' before subjecting a person to the breathalyser test.Justice V.G. Arun observed, "it is essential to note that the purpose of conducting an Air Blank...

'AI Tools Not Be Used To Arrive At Judgments': Kerala High Court Issues Guidelines For AI Use In District Judiciary

Kerala High Court has issued a policy outlining guiding principles for the responsible use of Artificial Intelligence (AI) tools in district judiciary in the State.Recognising that while AI tools can be beneficial in many ways, there are also several negative consequences in AI use including privacy violations, data security risks and erosion of trust in judicial decisions, the Kerala High...

Kerala High Court Orders Police Protection During Calicut University Union Election Over Apprehensions Of Unrest

The Kerala High Court has recently allowed a plea to deploy police protection for the peaceful conduct of elections to the Calicut University Union, scheduled to be held on July 22. The writ petition was preferred by Shifana P.K., a Chairperson candidate of the election.According to the plea, the petitioner was being constantly threatened by certain members of the Student Federation of...

Preferring One Heir Over Another In Will Not Unnatural; Court Cannot Go On Roving Inquiry Into Testator's Intention: Kerala High Court

The Kerala High Court recently held that preferring a legal heir over another cannot be considered unnatural and does not make the execution of the Will suspicious. It also held that the first appellate court cannot, on its own, raise an issue of genuineness of a Will when there was no such pleading or issue raised before the trial court in the suit.Justice Easwaran S. was considering a...