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Relevance of Criminal Court Judgments in Civil Proceedings

Posted by By K Rajasekharan 14 February 2026Posted inIndian Evidence Act
A judgment of criminal court is relevant as per Sections 40 to 43 of the Indian Evidence Act in civil proceedings. There is no embargo on the civil court to place reliance upon it as a corroborative material, observed the Supreme Court in Satish Chander Ahuja v. Sneha Ahuja [(2020) 11 SCC 415].
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A Vacation Notice issued after Confirmation Order for Demolition Building Cannot be Challenged

Posted by By K Rajasekharan 10 February 2026Posted inLocal Government Laws
In Sathi Kumari v. The Secretary, Corporation of Thiruvananthapuram and Ors. [2024: KER:47545], the High Court of Kerala clarified that a 'Vacation Notice' issued after a Confirmation Order under Section 406 (3) of the Kerala Municipality Act, 1994 (KMA), cannot be challenged under Section 509(6) of the KMA.
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False Promise of Marriage Deserves Prosecution for Rape but Consensual Relation That Fails Cannot be Criminalised

Posted by By K Rajasekharan 10 February 2026Posted inCrimes Against Women
In Pramod Kumar Navratna v. State of Chhattisgarh & Others [2026 INSC 124], the Supreme Court cautioned against the growing trend of criminalizing failed consensual relationships. The Court emphasized that…
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When a Photocopy Can Be Admitted as Evidence: The Supreme Court’s Latest View

Posted by By K Rajasekharan 10 February 2026Posted inIndian Evidence Act, Uncategorized
In the recent judgment of Tharammel Peethambaran v. T. Ushakrishnan [2026 INSC 134], the Supreme Court clarified that a photocopy of a document—being "secondary evidence"—is generally not admissible unless it meets the strict conditions laid out under the law.
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Civil Courts Have No Jurisdiction in Violation of Building Rules but They Are Not Barred on Other Issues: Kerala HC

Posted by By K Rajasekharan 9 February 2026Posted inLocal Government Laws
In Shibu and Ors. vs. Sreekumaran and Ors. [MANU/KE/2644/2022, the High Court of Kerala examined whether the civil court had jurisdiction over a suit for a mandatory injunction to demolish a building allegedly constructed in violation of municipal rules and obstructing natural light and air.
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Maintenance Proceedings Under S.125 CrPC Are Civil in Nature

Posted by By K Rajasekharan 9 February 2026Posted inMatrimonial and Maintenance Cases
The Supreme Court, in Rina Kumari @ Rina Devi @ Reena vs. Dinesh Kumar Mahto @ Dinesh Kumar Mahato and Anr [2025 INSC 55], clarified that proceedings under Section 125 of the CrPC are essentially civil in nature.
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Enforcement of Maintenance Orders under Section 125(3) CrPC / 144 BNSS

Posted by By K Rajasekharan 8 February 2026Posted inMatrimonial and Maintenance Cases
When a person fails to comply with a maintenance decree, Section 125(3) of the Code of Criminal Procedure (CrPC) provides the Magistrate with specific powers to enforce the payment. These powers include the attachment of property and, as a last resort, the imprisonment of the defaulter.
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False Promise of Marriage under Section 69 of the BNS

Posted by By K Rajasekharan 6 February 2026Posted inCrimes Against Women
The Supreme Court observed in Pramod Kumar Navratna v. State of Chhattisgarh [2026 INSC 124] that the mere fact that the parties indulged in physical relations pursuant to a promise to marry will not amount to a rape in every case.
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A Break Up in Relationship Cannot Result in Criminal Charges of Rape: Supreme Court

Posted by By K Rajasekharan 6 February 2026Posted inCrimes Against Women
In the case of Prashant v. State of NCT of Delhi [2024 INSC 879], the Supreme Court observed that the mere breakdown of a relationship between a consenting couple cannot lead to the initiation of criminal proceedings for rape.
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Procedure for the Demolition of Unauthorized Buildings under the Kerala Municipality Act

Posted by By K Rajasekharan 6 February 2026Posted inLocal Government Laws2 Comments
In the case of Kumari Mohanam K.P. v. Corporation of Thiruvananthapuram & Others [MANU/KE/4276/2019], the High Court of Kerala clarified the mandatory steps that municipal authorities must follow before demolishing a structure.
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