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Abkari Law

Omana Amma v. State of Kerala

  • Order

Abkari (Disposal of Confiscated Articles) Rules, 1996 (Kerala) – Rule 4(2)(a – Security deposite for temporary custody of the vehicle – the confiscating authority can confiscate only the value of the vehicle and the vehicle itself. The Rule will not permit the concerned authority to appropriate the interest accrued to the amount deposited. 2021 (4) KCC 126 : 2021 (4) KHC 351 : 2021 (4) KLT 634

Manoharan v. State of Kerala

  • Order

Code of Criminal Procedure, 1973 – Section 374(3)(a) – This appeal ought to have been filed before the Sessions Court – Is it just and reasonable to relegate the accused to the Sessions Court by returning the appeal for presenting it before that court ? – The appeal, though instituted mistakenly, has been pending on the files of the High Court for the last more than 14 years – taking into account the exceptional circumstances brought out in this case, justice demands that the appeal be decided on merits by High Court. 2021 (4) KCC 114 : 2021 (4) KHC 588