Justice G. Girish

Aadhaar database access in criminal investigation
Case BriefsHigh Courts

Kerala High Court directed UIDAI to compare fingerprints recovered from a double-murder crime scene with Aadhaar database records holding that the investigating agency was not seeking disclosure of core biometric information but only identification of persons whose fingerprints matched the crime-scene prints. Such a request was permissible under Section 33, Aadhaar Act when authorised by a High Court and did not offend the right to privacy.

Kerala HC missing rifleman case
Case BriefsHigh Courts

Kerala High Court directed transfer of the investigation relating to the disappearance of a rifleman of the Tripura State Rifles to CBI, holding that the prolonged lapse of time could not be a ground to deny an investigation where the father had been relentlessly pursuing the matter for over 14 years and the circumstances warranted exercise of extraordinary jurisdiction.

Hindu wife can claim maintenance from husband's immovable property beyond HAMA: Kerala High Court
Case BriefsHigh Courts

“A Hindu wife’s right to have maintenance from her husband’s properties originated the moment she got married to him. Her right remained dormant until denial of maintenance or initiation of legal proceedings, at which point it transformed into an inchoate right and later crystallised into a charge upon judicial declaration.”

prior consensual relationship not rape
Case BriefsHigh Courts

“The consent given by the prosecutrix to sexual intercourse with a person with whom she is deeply in love with, on a promise that he would marry her, cannot be considered to be given under a misconception of fact.”

Photograph of place of occurrence of rape
Case BriefsHigh Courts

“In a prosecution for the offence of rape, the building or the place where the sexual intercourse between the offender and the survivor took place, was one of the facts which constituted the state of things under which the occasion or cause of rape happened.”

cognizance of rape
Case BriefsHigh Courts

“The Magistrate had taken cognizance of the offence under Section 376-B IPC upon the final report filed by the Malappuram Police, against the legal embargo contained in Section 198-B CrPC.”