Lawwatch : Resources for Learners -

A Document not disputed can be used as Substantive Evidence

By K Rajasekharan 27 October 2024Criminal lawNo Comments

If the genuineness of any document filed by a party is not disputed by the opposite party in a criminal trial it can be read as substantive evidence under Section 294 (3) of the Code of Criminal Procedure, 1973 (CrPC), says the Supreme Court (SC) in Shyam Narayan Ram v State of UP [2024 INSC 800].

SC to decide Whether Pillion Rider is a Third Party or Not

By K Rajasekharan 16 October 2024Motor Vehicles ActNo Comments

The Supreme Court (SC) in United India Insurance Co. Ltd., Shimla v Tilak Singh & Others [2006 (4) SCC 404] and Oriental Insurance Co Ltd v Sudhakaran K V & Others [ 2008 (7) SCC 428] says that a pillion rider on a motorcycle is not a third party. But another bench has reservations about the view and referred the issue to a larger bench.

Touching a Female in an Altercation not Amounts to Outraging Modesty

By K Rajasekharan 12 October 2024Criminal law

Physical touch on the body of a female by a male as part of an altercation without intention to outrage her modesty cannot be termed as an unwelcome and explicit sexual overture, says the Kerala High Court while quashing of an FIR lodged against an official by a law student of the cochin University, in Dr P K Baby v State of Kerala [2024:KER:75539].

Priority in Hearings be Given in Exceptional Cases

By K Rajasekharan 11 October 2024Others

Litigants should be allowed to seek early disposal of their cases only in exceptional cases where justifiable and genuine reasons are made out before the appropriate court, says the High Court of Kerala in Prema Joy v John Britto.

Charge of Abetment of Suicide only if Incitement is Direct

By K Rajasekharan 11 October 2024Criminal law

The ingredients to constitute an offence, the abetment of suicide, under Section 306 of the Indian Penal Code ( IPC) () is attracted if the suicide is committed by the deceased due to direct and alarming encouragement or incitement by the accused leaving no option but to commit suicide, reiterates the Supreme Court (SC) in Nipun Aneja And Ors v State of Uttar Pradesh [2024 INSC 767].

Confession in NDPS Cases Would not be Admissible as Evidence

By K Rajasekharan 9 October 2024Criminal law

The Supreme Court (SC) in Sharik Khan v. Narcotics Control Bureau directed on 6th March 2024 that the Narcotics Control Bureau's officers should comply with its three-judge Bench judgment in Tofan Singh v State of Tamil Nadu [(2021) 4 SCC 1].

Pendency of Case may not Prevent going Abroad

By K Rajasekharan 6 October 2024Criminal law

Mere pendency of a criminal case does not automatically disqualify an individual from exercising their right to seek long-term opportunities abroad, says Delhi High Court in Mr Amardeep Singh Bedi v Union of India & Another.

Defendant can Cross Examine Witnesses in ex-parte Suit

By K Rajasekharan 2 October 2024Civil law

Even if a defendant does not file a written statement and the suit is ordered to proceed ex parte against him, the limited defence available to the defendant is not foreclosed.

Objections on Appointment cannot be Raised Post Retirement

By K Rajasekharan 29 September 2024Others

The objections regarding an employee's appointment cannot be raised post-retirement, if no such objections were made during the employee's service period, says Jharkhand High Court, in Phul Chandra Thakur v The State of Jharkhand through the Secretary, Higher Education, Human Resources Development Department, Government of Jharkhand & Another.

No Injunction unless Tenant Pays the Rent: HC Guidelines

By K Rajasekharan 29 September 2024Lease & Rent Control

The tenants seeking an injunction against eviction as relie, must first ensure that rent is paid up to date, thereby upholding the principle "he who seeks equity must do equity”, states the Kerala High Court in Pramod v The Secretary, The Sultanpet Diocese Society & Another [2024 KER 71174].

Accused will get Documents not Relied on by Prosecution

By K Rajasekharan 24 September 2024Criminal law

The accused in a criminal trial will be able to get the statements, documents and material objects collected during the course of investigation, but which are not relied upon by the Investigating Officer, says the Kerala High Court in Varghese Kuruvila v State of Kerala [2024: KER:66881].

Watching Child Pornography an Offence: SC

By K Rajasekharan 24 September 2024Criminal law

Viewing in private, downloading, storing, possessing, distributing or displaying pornographic acts involving children is a criminal offence under Section 15 of the Protection of Children from Sexual Offences Act (POCSO) and Section 67 B of the Information Technology Act, says the Supreme Court (SC), in a 200-page judgement.