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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 lawNo Comments

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 lawNo Comments

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 lawNo Comments

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].

Recovery of Money Without Proof of Demand and Acceptance Insufficient for Conviction

By K Rajasekharan 30 October 2025Corruption & Bribery casesNo Comments

The Supreme Court, in P Somaraju v The State Of Andhra Pradesh [2025 INSC 1263], reiterated that mere recovery of currency notes, without proof of demand and voluntary acceptance, is insufficient for conviction.

Facts to be Included in a Section 80 Notice Under CPC

By K Rajasekharan 30 October 2025Civil lawNo Comments

A notice under Section 80 of the Code of Civil Procedure (CPC) must contain specific and clear information to inform the government or a public officer about an intended lawsuit.

Prolonged Cohabitation Can Be Presumed as Marriage : Supreme Court

By K Rajasekharan 30 October 2025Family, Marriage & DivorceNo Comments

The Supreme Court, in Chowdamma (D) by LR and Another Versus Venkatappa (D) by LRs and Another (2025 INSC 1038), states that when a man and woman live together as husband and wife for a prolonged period, the law presumes a valid marriage in such a case.

Grounds for Review of a Judgment: Supreme Court Explains

By K Rajasekharan 30 October 2025Civil lawNo Comments

In Malleeswari v. K Suguna & Another [2025 INSC 1080], the Supreme Court summed up the limited grounds for Review of a judgment permissible under Section 114 of the Code of Civil Procedure (CPC)

Judgment Cannot be Based on Grounds beyond the Pleadings

By K Rajasekharan 30 October 2025Civil lawNo Comments

The Supreme Court in Deep Nursing Home v. Manmeet Singh Mattewal (2025 INSC 1094) reiterated that the judgment in a case cannot go beyond the pleadings.

Interim Release of Vehicle Seized under NDPS Case Possible under 451/457 CrPC

By K Rajasekharan 28 October 2025Criminal lawNo Comments

The Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”) does not prohibit interim release of vehicles, which are seized for allegedly transporting contraband, under Sections 451 and 457 of the Code of Criminal Procedure, 1973 (CrPC), observed the Supreme Court in Bishwajit Dey v. State of Assam [2025 INSC 32].