Lawwatch : Legal Resources for Aspiring Advocates

Recognition of Foreign-Notarized Documents in India

By K Rajasekharan 8 September 2025Uncategorized

The High Court of Kerala, in Margret @Thankam v. Joseph Mathew Chettupuzha [2025: KER:56880], has clarified the conditions under which Indian courts can recognize documents notarized in a foreign country.

Loss of Consortium includes Spousal, Parental, and Filial Rights

By K Rajasekharan 8 September 2025Motor Vehicles Act

The law was clarified by a three-judge bench of the Supreme Court in The New India Assurance Company v. Somwati (2020). Relying on the principles established by a two-judge bench in Magma General Insurance Company Limited v. Nanu Ram & others [(2018) 18 SCC 130], the Court recognized three distinct categories of consortium: spousal, parental, and filial.

Prior Title Deed Not a Prerequisite for Registering a Sale Deed

By K Rajasekharan 7 September 2025Property & Succession

In K. Gopi v. The Sub-Registrar & Others [2025 INSC 462], the Supreme Court has held that a Registering Authority under the Registration Act, 1908, is not empowered to refuse the registration of a sale deed on the ground that the executant has failed to produce prior title documents.

Landmark Judgements on Motor Vehicle Accident Compensation

By K Rajasekharan 6 September 2025Motor Vehicles Act

A series of landmark judgments from the Indian judiciary has been instrumental in shaping a just, equitable, and standardized framework for compensating victims of motor vehicle accidents. These rulings have clarified key principles in the Motor Vehicles Act, 1988, ensuring that the claims process is victim-centric.

Motor Vehicle Compensation Must be Decided based on Functional Disability, but not Medical Disability

By K Rajasekharan 5 September 2025Motor Vehicles Act

In Anoop Maheshwari v. Oriental Insurance Company Ltd [2025 INSC 1076], the Supreme Court held that the disability to be assessed for the purpose of awarding compensation in motor vehicle compensation is the functional disability.

Void Document is a Legal Nullity: It Needs No Cancellation

By K Rajasekharan 4 September 2025Property & Succession

The Kerala High Court, in K.M. Cherian v. Ammini [2025:KER:49425] has reiterated the well-established legal principle that a document which is void ab initio (void from the beginning) is a legal nullity (non-est) and does not need to be formally set aside or declared void by a court.

Legal Status of Property Purchased by a Husband in his Wife’s Name

By K Rajasekharan 1 September 2025Property & Succession

When a husband purchases property using his own funds but registers it in his wife's name, Indian law presumes it to be a gift to the wife, making her the absolute owner. This legal principle is known as the "presumption of advancement."

Supreme Court Quashes Prosecution Launched Without Govt. Sanction

By K Rajasekharan 31 August 2025Corruption & Bribery cases

In Vinod Chandra Semwal v. Special Police Establishment, the Supreme Court of India reaffirmed the principle that a valid government sanction is a mandatory prerequisite for prosecuting a public servant for certain offences under the Prevention of Corruption Act, 1988 (PC Act) and the Indian Penal Code, 1860 (IPC).

Board of Directors is the Competent Authority to Sanction Prosecution of Cooperative Bank Employees

By K Rajasekharan 30 August 2025Corruption & Bribery cases

In K.M. Philip v. State of Kerala, the High Court of Kerala adjudicated a key legal issue: whether the State Government is the competent authority to grant sanction for the prosecution of employees of a service cooperative bank registered under the Kerala Co-operative Societies Act, 1969.