Lawwatch : Legal Resources for Learners -

Recovery of Tainted Money Not Enough for Conviction Without Proof of Demand for Bribe

By K Rajasekharan 28 May 2025Corruption & Bribery casesNo Comments

Mere recovery of tainted money is insufficient to trigger the presumption of guilt under Section 20 of the Prevention of Corruption Act, 1988, unless the entire chain of events i.e., the demand, acceptance, and recovery is established, says the Supreme Court (SC) in State of Lokayuktha Police Davangere v C B Nagaraj [2025 INSC 736].

Suit for Declaration of Civil Death Maintainable If the Person is not Seen for 7 Years

By K Rajasekharan 27 May 2025Civil lawNo Comments

A suit for mere declaration of civil death is maintainable and is not barred by Section 34 of the Specific Relief Act, 1963 merely because the plaintiff did not claim further relief, says the Allahabad High Court in Raeesa Bano v Smt. Tabassum Jahan & Others.

Never Call “District Judiciary” as “Subordinate Judiciary” & “Trial Court Records” as “Lower Court Records”: SC

By K Rajasekharan 24 May 2025Constitutional lawNo Comments

The Record of the Trial Court should not be referred to as Lower Court Record (LCR). Instead, it should be referred as the Trial Court Record (TCR), says the Supreme Court (SC) in Sakhawat & Another v State of Uttar Pradesh [2025 INSC 777].

Perverse Order of a Court : SC Explains What it is

By K Rajasekharan 22 May 2025Constitutional lawNo Comments

A perverse verdict may probably be defined as one that is not only against the weight of evidence but is altogether against the evidence. Perverse can be defined as “turned the wrong way”; not right; distorted from the right; turned away or deviating from what is right, proper, correct, etc, says the SC in Ramakant Ambalal Choksi vs Harish Ambalal Choksi [2024 INSC 910].

Complaints under DV Act Can Be Quashed u/s 482 CrPC

By K Rajasekharan 20 May 2025UncategorizedNo Comments

The Supreme Court (SC), in Shaurabh Kumar Tripathi v Vidhi Rawal [2025 INSC 734], states that High Courts can quash complaints filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act), in exercise of their inherent powers under Section 482 of the Code of Criminal Procedure (CrPC), now S.528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

A Woman Subjected to Domestic Violence alone Can Seek Remedies under PWDV Act

By K Rajasekharan 19 May 2025Criminal law, UncategorizedNo Comments

The Protection of Women against Domestic Violence Act (PWDV Act), particularly its Section 12, makes it very clear that an application for the reliefs provided under Sections 18 to 22 can be made only by an aggrieved person or on her behalf, says the High Court of Kerala in Shynil & Others v State of Kerala & Others [2024:KER:89997].

Entrustment of Gold by Wife to Husband in Matrimonial Cases

By K Rajasekharan 18 May 2025Family, Marriage & DivorceNo Comments

In matrimonial cases concerning the recovery of gold ornaments, the burden of initial proof lies with the wife to establish the entrustment of those assets to her husband. The initial onus of proof is on the wife to substantiate that the amount and the gold ornaments were misappropriated by the husband and his family, and that money was entrusted to them in trust at the time of marriage.

Appellate Court Cannot Enhance Sentence in an Appeal by the Convict

By K Rajasekharan 18 May 2025Criminal lawNo Comments

An appellate court cannot enhance the sentence in an appeal filed by the convict, as it violates the principle of fairness and the statutory scheme under Section 386(b)(iii) Code of Criminal Procedure (CrPC), which prohibits enhancement in such appeals, says the Supreme Court ( SC) in Sachin v State Of Maharashtra [2025 INSC 518].

In Matrimonial Cases for Return of Gold by Wife, Strict Proving of Entrustment not Necessary

By K Rajasekharan 18 May 2025Family, Marriage & DivorceNo Comments

In cases concerning the gold and cash given to a woman during her marriage, the courts should apply the principle of preponderance of probabilities as documentary proof of entrustment is not often available for the transaction.

SC Warns Against Cruel Misuse of 498A Cases by Wife

By K Rajasekharan 17 May 2025Criminal lawNo Comments

The Supreme Court (SC), in Rajesh Chaddha v State of Uttar Pradesh [2025 INSC 671] warns against the cruel misuse of Section 498A of the Indian Penal Code (IPC) and such other provisions of law against husband and in-laws by the wife and her relatives, without concrete evidence.

No Prior Govt Sanction Required for Inquiry or Investigation in Some Circumstances

By K Rajasekharan 16 May 2025Corruption & Bribery cases, Criminal lawNo Comments

The prior sanction of the Government, as mandated under Section 17A of Prevention of Corruption Act (PC Act) in regard to recommendations made or decisions taken, would not be necessary when the act of the public servant is ex-facie criminal or constitutes an offence. This is what the Supreme Court (SC) states in the judgement in Shankara Bhat and Others v. State of Kerala and Others [2021(5) KHC 248].

Sanction Required to Prosecute a Public Servant if the Alleged Act is Connected to Official Duties

By K Rajasekharan 14 May 2025Corruption & Bribery cases, Criminal law

The Section 197 of the Code of Criminal Procedure (CrPC) protects the public servants from frivolous or vexatious prosecution by requiring prior sanction from the Government before they can be prosecuted for acts allegedly committed in the discharge of their official duties and such protection extends even to acts carried out in excess of official duties, as long as there is a reasonable nexus between the alleged act and the discharge of official functions, says the Supreme Court (SC) in G.C. Manjunath v Seetaram [2025 INSC 439].