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In Virtual Witness Examination, Prior Statements Must Be Electronically Transmitted: SC

By K Rajasekharan 18 November 2025Criminal lawNo Comments

In Raj Kumar @ Bheema vs State of NCT of Delhi [2025 INSC 1322], the Supreme Court issued a binding directive that in all proceedings where a witness is examined via video conferencing, the trial court must ensure the electronic transmission of the witness's prior statements to them.

First Wife Must Be Heard Before Muslim Husband’s Second Marriage Can Be Registered

By K Rajasekharan 14 November 2025Family, Marriage & DivorceNo Comments

The first wife must be given notice and an opportunity to be heard when her husband seeks to register a second marriage under the Kerala Registration of Marriages (Common) Rules, 2008, the Kerala High Court observed in Muhammad Shareef C & Another v. State of Kerala & Another. [2025: KER:82441].

A Tenant Who Possesses Premises Under a Rent Deed Cannot Later Dispute the Landlord’s Title

By K Rajasekharan 13 November 2025Rent Control & LeaseNo Comments

A tenant who came into possession of a rented property through a rent deed executed by a landlord cannot later turn around and challenge the landlord's title, the Supreme Court observed in Jyoti Sharma v. Vishnu Goyal [2025 INSC 1099].

Refusal to Marry Does Not Constitute the Offence of Abetment to Suicide

By K Rajasekharan 7 November 2025Criminal lawNo Comments

The Supreme Court ruled in the case of Yadwinder Singh @Sunny vs State Of Punjab that simply refusing to marry someone, even if true, does not constitute "instigation" under Section 107 of the Indian Penal Code (IPC). Abetment to suicide means encouraging, helping, or forcing someone to kill himself/herself.

If a Complaint Discloses an Offence Magistrate Can Direct Registration of FIR

By K Rajasekharan 6 November 2025UncategorizedNo Comments

In Sadiq B. Hanchinmani v. The State Of Karnataka [2025 INSC 1282], the Supreme Court observed that once the facts alleged in the complaint disclose the commission of an offence,…

A Woman Contracting a Second Marriage Cannot be Treated as Wife

By K Rajasekharan 4 November 2025Family, Marriage & DivorceNo Comments

In Kizhakkayi Dasan v. Kuniyil Cheerootty and Another [2025:KER:72048], the High Court of Kerala observed that a woman who contracts a subsequent marriage with a man during the subsistence of her earlier marriage cannot be regarded as a ‘wife’ within the meaning of Section 125 of the Code of Criminal Procedure.

In a Cheque Case, the Court Presumes that the Cheque is issued against a Liability

By K Rajasekharan 4 November 2025Negotiable InstrumentsNo Comments

In Rangappa v. Sri Mohan [AIR 2010 SC 1898], the Supreme Court ruled that under Section 139 of the Negotiable Instruments Act (NI Act), if the accused admits his signature on the cheque, the court must presume the existence of a legally valid debt or obligation.

Police Can Register Crime When Anyone Threatening a Person to Give False Evidence

By K Rajasekharan 3 November 2025Criminal lawNo Comments

The Supreme Court in State of Kerala v. Suni @ Sunil and connected matters [2025 INSC 1260] has held that threatening a person to give false evidence is a cognizable offence under Section 195A of the Indian Penal Code, 1860. The police can register an FIR and investigate such offences under Sections 154 and 156 of the Code of Criminal Procedure. 1973 (CrPC).

Void Documents: When to Seek a Declaration vs. When to Simply Ignore Void Documents

By K Rajasekharan 2 November 2025Civil law

In Annamalai v. Vasanthi and Others [2025 INSC 1267], the Supreme Court clarified the remedies available for a document that is void ab initio (void from the beginning).

Anticipatory Bail in SC/ST Cases Permissible if No Offence is Prima Facie Made Out

By K Rajasekharan 31 October 2025Criminal law

Anticipatory bail is generally barred in cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, by virtue of Section 18 of the Act. The Supreme Court, in cases like Prathvi Raj Chauhan vs. Union of India (2020) and the later judgment in Kiran vs. Rajkumar Jivraj Jain [2025 INSC 1067] clarified that this bar is not absolute. Courts must first determine if the allegations, on their face, constitute the ingredients of an offence under the SC/ST Act.

Witness’s Verbal Narration Not Necessary to Make the Contents of Any Video Admissible

By K Rajasekharan 31 October 2025Evidence law

Once a compact disk containing video recording is produced in accordance with the requirement of Section 65B of the Indian Evidence Act it becomes an admissible piece of evidence just like any document, the Supreme Court observed in Kailas s/o Bajirao Pawar v. State of Maharashtra [2025 INSC 1117].