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Courts Cannot Compel Surrender While Rejecting Anticipatory Bail

Courts Cannot Compel Surrender While Rejecting Anticipatory Bail: Supreme Court Clarifies Legal Position In a significant ruling, the Supreme Court of India has categorically held that a court, while rejecting anticipatory bail, cannot direct the accused to surrender before the trial court. Such a direction has been declared wholly without jurisdiction. A bench of the Court clarified that the power to reject an anticipatory bail application does not include the authority to compel the accused to surrender. If a court intends to reject the application, it may simply do so—nothing more. The Court further emphasized that once a Magistrate takes cognizance and issues process, the normal course is to issue summons, and the accused is only required to appear before the court in response to such summons, not to be forced into surrender.

Cyber Fraud Victims Can Now Recover Money Before Investigation Ends.

Cyber Fraud Victims Can Now Recover Money Before Investigation Ends. New Guidelines Issued by the Central Government Victims of cyber fraud in India now have a major relief. As per the new guidelines issued by the Ministry of Home Affairs, money frozen in fraudsters’ bank accounts can be returned to victims even before the completion of the investigation, subject to certain conditions. This step aims to reduce the hardship faced by victims who were earlier forced to wait until the end of long investigations and court proceedings to recover their money.... Background: Why the New Guidelines Were Needed In April 2021, the Government of India launched a unified cybercrime reporting mechanism known as the Citizen Financial Cyber Fraud Reporting and Management System (CFCFRMS). What Is the Major Change ? Earlier, frozen money remained locked until the investigation or trial concluded. Now, if the investigating officer is convinced that continued freezing of the amount is not necessary, the ...

Kerala High Court: Relatives’ Testimony Is Enough to Prove Cruelty Under Section 498A IPC

Kerala High Court: Relatives’ Testimony Is Enough to Prove Cruelty Under Section 498A IPC A recent judgment of the Kerala High Court has once again reaffirmed a very important principle in cases relating to cruelty against married women. The Court held that evidence given by close relatives such as a wife’s sister and brother cannot be discarded merely because they are related, and that independent witnesses are not mandatory in domestic cruelty cases. Facts of the Case The accused in this case was the husband of the de facto complainant. The prosecution alleged that after marriage, the husband continuously harassed his wife both mentally and physically, demanding dowry. Unable to bear the cruelty, the wife approached the police, leading to the registration of a case under Section 498A of the Indian Penal Code along with offences relating to dowry. The Trial Court found the husband guilty and sentenced him to six months’ imprisonment. The accused challenged this conviction before the K...

Trial Courts Can Order Police Assistance to Enforce Injunctions – Orissa High Court

The Orissa High Court has clarified an important legal principle regarding enforcement of injunction orders. It has held that trial courts have the power under Section 151 of the Code of Civil Procedure (CPC) to direct police assistance for implementing their injunction orders when necessary. Justice Sashikant Mishra observed that when a court grants an injunction, it is meant to protect the lawful rights of a party. If the opposite party deliberately creates obstruction or disturbance—such as interfering with construction or possession—it amounts to a violation of the court’s order. However, merely filing contempt or violation proceedings may not always provide immediate and effective relief. The Court noted that although the CPC does not expressly provide a provision for police help to enforce injunctions, Section 151 CPC gives inherent powers to the court to do whatever is necessary to secure the ends of justice and prevent abuse of process. The High Court emphasized that police ass...

Mutual Divorce in Kerala: Procedure, Documents, and Timeline.

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Mutual Divorce in Kerala: Procedure, Documents, and Timeline. Mutual divorce is the most peaceful and fastest way for a married couple to legally end their marriage in India. When both husband and wife agree to separate amicably, the law provides a simple procedure under Section 13B of the Hindu Marriage Act, 1955 (for Hindus, Buddhists, Sikhs, Jains) and similar provisions exist for other religions. This article explains the complete procedure, documents required, and the usual time taken. What is Mutual Divorce? Mutual divorce is when both spouses: • Agree to end the marriage • Agree on terms like alimony, child custody, property division, etc. • Jointly file a petition before the Family Court   Since there is no dispute, the process   becomes faster and smoother. Procedure for Mutual Divorce in India Step 1: Discussion & Agreement Both partners must mutually agree on: •Ending the marriage •Child custody / visitation •Maintenance or alimony...

Cyber Fraud in Kerala: How to Take Legal Action and Protect Yourself

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Cyber Fraud in Kerala: How to Take Legal Action and Protect Yourself Cyber fraud cases are rapidly increasing in Kerala — from UPI scams and fake investment schemes to identity theft and online job frauds. Even educated people fall victim because scammers use clever psychological tricks, fake websites, and social engineering. Rising Cyber Crime in Kerala (SCRB Statistics) According to the State Crime Records Bureau (SCRB), Kerala has seen a sharp rise in reported cyber crimes over the years.. Cyber crime 2025- 2135 2024- 3581 2023- 3295 2022- 773 2021- 626 2020- 426  Here is a simple and clear guide on what you must do legally if you or someone you know becomes a victim of cyber fraud. Common Types of Cyber Frauds in Kerala 1. UPI/Banking Scams – Fraudsters send links or ask you to scan a QR code to “receive money. 2. Fake Job Offers – Scam agencies offering Gulf, Canada, or Europe jobs and collecting money illegally. 3. Online Shopping Fraud - Fake Instagram pages, n...

Visa Frauds in Kerala: Basic Precautions & What Victims Should Do.

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Visa Frauds in Kerala: Basic Precautions & What Victims Should Do Every year, many people from Kerala fall victim to visa scams—especially those seeking job visas, study visas, or migration opportunities. Most frauds happen because people trust agents blindly, pay money without verification, and fail to check the credibility of the offer. As an advocate, I often meet clients who lose lakhs of rupees due to such scams. This article explains the common methods of visa fraud, precautions to stay safe, and the legal steps victims can take. Common Types of Visa Frauds 1. Fake Job Offers Abroad Fraudulent agencies promise high-salary jobs in countries like UAE, UK, Poland, Canada, or Maldives. They show forged employment contracts and demand advance payments for: Processing Registration Medical Offer letter fees 2. Fake Study Visa Consultancies Some agencies misguide students with: Fake admission letters Non-existent colleges Over-promised work permits Wrong i...