Lawwatch : Legal Resources for Learners -

Disciplinary Action against an Officer Need not be Initiated by the Appointing Authority

By K Rajasekharan 2 April 2025OthersNo Comments

The Appointing Authority need not initiate disciplinary proceedings against a civil servant. The appointing authority need not always required to initiate disciplinary proceedings against a state employee, says the Supreme Court (SC) in The State of Jharkhand & Others v Rukma Kesh Mishra [2025 INSC 412].

Abetment of Suicide can be Charged only When the Harassment Leaves no Alternative but Suicide

By K Rajasekharan 31 March 2025Criminal lawNo Comments

Abetment of suicide can be charged against a person only when the alleged harassment should be of such nature that it leaves the victim with no other alternative but to end their life, says the Supreme Court (SC) in Mahendra Awase v The State of Madhya Pradesh [2025 INSC 76], and Ayyub & Others v State of Uttar Pradesh & Another [2025 INSC 168].

No Sex in Marital Life may Lead to Divorce

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

In a judgement in xxx v xxx [2025:KER:25098], Kerala High Court ordered divorce on the ground of cruelty, specifically due to persistent neglect, lack of affection, and denial of conjugal rights without valid reasons which caused severe mental trauma to the spouse.

A Cognizable Offence must be Reported to the Police before Making a Private Complaint about it to the Magistrate

By K Rajasekharan 26 March 2025Criminal lawNo Comments

A person aggrieved by a cognizable offence committed by someone else must first inform the officer in charge of a police station, who is required to record it in writing, read it back to the informant, and obtain their signature, under Section 154(1) of the Code of Criminal Proceedure,1967 (CrPC), says the Supreme Court ( SC) in Ranjit Singh Bath & Anr. v Union Territory Chandigarh & Anr.

Discharge or Framing of Charge in a Warrant Case: The Essential Principles to be Followed

By K Rajasekharan 19 March 2025Criminal law

The Sections 239 and 240 of the Code of Criminal Procedure (CrPC) deal with discharge and framing of charge. The discharge of the accused arises when "the Magistrate considers the charge against the accused to be groundless.”

Not to Register a Criminal Case against a Teacher Relating to School Discipline without a Preliminary Probe

By K Rajasekharan 16 March 2025Civil law

A preliminary inquiry must be conducted before registering a criminal case against a teacher for any bonafide act done in the school to discipline their students and the accused teacher should not be arrested during the preliminary enquiry. Such an enquiry is essential to ensure that teachers are not unfairly targeted, says the High Court of Kerala (HCK) in Sibin SV v State of Kerala [2025: KER:20847].

Demand & Acceptance Should be Proved to Convict Anyone for Bribery

By K Rajasekharan 14 March 2025Uncategorized

When the prosecution failed to prove the factum of demand and acceptance of bribe, two government employees accused of demanding and accepting bribe were acquitted and that is what happened…

Proposed Enhancement of Court Fee in Kerala from 1st April 2025

By K Rajasekharan 13 March 2025Civil law

Proposed Enhancement of Court Fee in Kerala from 1st April 2025. The enhanced amount of court fee proposed to be enforced from 1st April 2005 in Kerala state as per the budget proposals for the current financial year would be as provided on the page.

Legal Representative under M V Act is the One Who Suffers Loss

By K Rajasekharan 13 March 2025Motor Vehicles Act

A legal representative under M V Act A legal representative is one, who suffers on account of death of a person due to a motor vehicle accident and need not…

Not to Reject Permission for Human Organ Transplantation Without Cogent Evidence

By K Rajasekharan 12 March 2025Civil law

The permission to donate human organs cannot be rejected by the Authorization Committee unless there is cogent material to establish a commercial element, says the High Court of Kerala in Uvais Muhammad K.C. & Another v State of Kerala & Another [2025: KER:195].

Sexual Harassment Complaint by a Lady Need not be Treated as Gospel Truth

By K Rajasekharan 9 March 2025Criminal law

The High Court of Kerala (HCK), in Noushad K v State of Kerala and Another [2025:KER:16338], says merely because the complainant is a lady, there is no presumption that her version is the gospel truth. Nowadays, there has been a tendency to make serious allegations of sexual assault against innocent people.

Motor Vehicle Accident Compensation for A Minor

By K Rajasekharan 8 March 2025Motor Vehicles Act

The notional income of a minor aged 5 years in a motor accident claim should be fixed based on the minimum wages for skilled workers as per the state notification for Kerala, as per GO (P) No 56 /2017 Fin dated 28/4/2017 as the Second Schedule has been omitted, says the Kerala High Court in Master Jyotish Raj Krishna @ Jyothi Krishna v Sunny George & Others [ 2024:KER:87009].