AI Overview...
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Writ Appeals in Part - The court allowed certain writ appeals in part, setting aside directions for continuation in service, clarifying jurisdiction and procedural aspects based on Kerala and Supreme Court judgments State Of Kerala VS Jyothish Kumar V - Kerala.
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Abkari Act & Investigation - Multiple cases highlight violations under Sections 55(a), 8(1), 8(2), 53A, and 50(1), emphasizing proper inventory, timely investigation, and the importance of conducting investigations by officers of equal or higher rank. Unexplained delays in investigation are deemed fatal to prosecution, as established in judgments like Moothedath Sivadasan Chandran @ Ramachandran Maniyani S/o.narayanan Maniyani Vs Excise Inspector - Kerala, V.T.NARAYANI vs STATE OF KERALA - Kerala, V.T.NARAYANI vs STATE OF KERALA - Kerala, SALI, S/O.BHASKARAN vs STATE OF KERALA - Kerala.
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Criminal Procedure & Evidence - Convictions under the Abkari Act require proper procedural compliance, including inventory accuracy and timely investigation. Delays or procedural lapses can lead to acquittal or case dismissal Chandran @ Ramachandran Maniyani S/o.narayanan Maniyani Vs Excise Inspector - Kerala, V.T.NARAYANI vs STATE OF KERALA - Kerala.
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Bail & Serious Offenses - In cases involving serious allegations such as sexual assault of minors or criminal acts, courts consider the nature and evidence, often dismissing bail applications if the case diary or investigation indicates premeditation or seriousness XXXX XXXX vs State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala - Kerala, XXXXXXXXX vs State of Kerala - Kerala.
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Divorce & Family Law - Recent Supreme Court rulings acknowledge that persistent cruelty and desertion, especially when the marriage irretrievably breaks down, justify divorce. Keeping parties together despite such issues may amount to cruelty on both sides under the Divorce Act, 1869 ALLI vs BABU @ ABRAHAM - Kerala.
Analysis and Conclusion:
The sources collectively emphasize the importance of procedural diligence in criminal investigations under the Kerala Abkari Act, highlighting that delays and procedural lapses undermine prosecution. They also underscore judicial scrutiny in serious criminal cases, especially involving minors, where investigation integrity is paramount. In family law, courts recognize cruelty and desertion as valid grounds for divorce, with recent jurisprudence acknowledging irretrievable breakdowns. These insights reflect a consistent judicial approach prioritizing procedural correctness, timely investigation, and substantive justice.
Search Results for "2023 Klt Part 1 727"
2025 0 Supreme(Ker) 202 • India - Kerala
ANIL K. NARENDRAN, MURALEE KRISHNA S.
... ... Result: Writ appeals allowed in part, setting aside the directions permitting continuation in service. ... (Paras 1, 28, 29) ... ... (B) Writ Jurisdiction - The court clarified that a ... State of Kerala [2023 (2) KLT 181]. By relying on the judgment of this Court in Union Territory of Lakshadweep v. Salmikoya.K. ... Therefore, we are inclined to allow these writ appeals in part. 31. In the result, these writ appeals are allowed in part by setting aside the impugned judgment....
2025 0 Supreme(Ker) 610 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE K. V. JAYAKUMAR, J
(A) Abkari Act - Section 55(a) - Criminal Procedure Code - Section 173(1) - Accused convicted for carrying ... State of Kerala (2015 (2) KLT SN 8 (C.No. 11) = 2015 (1) KHC 822); Chandran v. State (2016 (4) KLT 727 = 2016 (5) KHC 650).” 20. In the decision in Moothedath Sivadasan & Another v. ... State of Kerala [2023 KLT Online 2004], wherein this Court observed that, the investigation should be conducted either by an officer having equal rank or a higher rank. The re....
• India - High Court of Kerala
VIJU ABRAHAM, J
(A) Kerala Abkari Act - Sections 53A, 8(1), 8(2) - Conviction under possession of arrack - Improper preparation of inventory violates ... State of Kerala [2023 (1) KLT 7] and also the judgment of this Court in Balakrishna Rai v. State of Kerala [2020 . ... State, 2015(1) KHC 822: 2015(1) KLD 421: 2015(1) KLJ 793: 2015(2) KLT SN 11 held that the long delay in conducting the investigation, in the absence of sufficient explanation, was fatal to the pros....
2024 0 Supreme(Ker) 928 • India - Kerala
K. BABU
Bail - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act - Sections 3(1)(r), 3(1)(s), ... The appellant is alleged to have committed the offences punishable under Sections 115(2), 296(b), 333, 351(2), 74 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’) and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Act. ... For the time being in force, such reference shall respectively be read as the reference of the Bharatiya Nyaya Sanhita, 2023 (45 of #HL_STA....
2023 Supreme(Online)(KER) 1305 • India - High Court of Kerala
VIJU ABRAHAM, J
Abkari - Possession of Liquor - Kerala Abkari Act - Sections 8(1), 8(2), 53A - The court found that the prosecution failed to ... State of Kerala [2023 (1) KLT 7] and also the judgment of this Court in Balakrishna Rai v. State of Kerala [2020 (3) KLT 727]. ... State of Kerala, 2016 (4) KLT 718 and the decision in Moothedath Sivadasan v. State of Kerala, 2021 (1) KLT 744 in support of his contentions. ... State, 2015(1#HL_E....
2023 Supreme(Online)(KER) 20692 • India - High Court of Kerala
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
Divorce - Family Law - Divorce Act, 1869, Section 10(1)(IX), (X) - The court analyzed the grounds of cruelty and desertion under ... In a recent decision of the apex court in Civil Appeal No.5454 of 2023 [2023 LiveLaw (SC) 727], it has been held that keeping the parties together despite irretrievable breakdown of marriage amounts to cruelty on both sides. ... She seeks divorce on the grounds of cruelty and constructive desertion under Section 10(1)(IX) and (X) of the Divorce Act, 1869. 2. ... Instead of....
2023 0 Supreme(Ker) 1066 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
(2020) 4 SCC 727 ]. Referring to a href="./.. ... The prosecution allegation is that on a day before 18.1.2023, the applicant committed penetrative sexual assault on the victim aged 4 years, who is none other than his daughter, at his house in Vadakkanchery. ... Vijayabhanu, on the other hand, submitted that the case diary in BA No.144/2023 reveals that the accusation made against the applicant therein is very serious in nature, it prima facie shows a premeditated criminal act on his part and his custod....
2023 0 Supreme(Ker) 1055 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
(2020) 4 SCC 727 . Referring to a href="./.. ... Vijayabhanu, on the other hand, submitted that the case diary in BA No.144/2023 reveals that the accusation made against the applicant therein is very serious in nature, it prima facie shows a premeditated criminal act on his part and his custodial interrogation is necessary for the investigation. ... Accordingly, BA No.144/2023 is dismissed, and BA No.2157/2023 is closed, recording the above submission. ... I have heard the learned counsel for the appli....
2025 Supreme(Online)(Ker) 15767 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. V. Jayakumar, J
(A) Abkari Act - Section 55(g) - Code of Criminal Procedure - Section 173(1) - Criminal revision petition challenging conviction ... State of Kerala (2015 (2) KLT SN 8 (C.No. 11) = 2015 (1) KHC 822); Chandran v. State (2016 (4) KLT 727 = 2016 (5) KHC 650).” 17. In the decision in Moothedath Sivadasan & Another v. ... State of Kerala [2023 KLT Online 2004], it is held that, when there is unexplained delay in completing investigation, same is fatal to the prosecution. ....
2025 Supreme(Online)(Ker) 17335 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. V. Jayakumar, J
(A) Code of Criminal Procedure, 1973 - Section 173(1) - Abkari Act - Section 50(1) - Delay in investigation - The court emphasized ... State of Kerala (2015 (2) KLT SN 8 (C.No. 11) = 2015 (1) KHC 822); Chandran v. State (2016 (4) KLT 727 = 2016 (5) KHC 650).” 18. In the decision in Moothedath Sivadasan & Another v. ... State of Kerala 2021 (1) KLT 744, Kumaran P. v. State of Kerala and another 2016 (4) KLT 718].” 20. ... State of Ke....
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