Lawwatch : Resources for Learners -

Capturing a Woman’s Picture in Public is not Voyeurism

By K Rajasekharan 6 November 2024Criminal lawNo Comments

Kerala High Court, in Ajith Pillai v State of Kerala [2024:KER:78155], says taking a woman's photos while she was standing in front of her house without any secrecy will not attract the offence of voyeurism and the offence is attracted only upon watching or capturing images of a woman engaging in a 'private act' as mentioned under Section 354C of Indian Penal Code (IPC).

Husband cannot Pledge Wife’s Gold without her Consent

By K Rajasekharan 5 November 2024Family, Marriage & DivorceNo Comments

Husband was found guilty of criminal breach of trust under Section 406 of Indian Penal Code (IPC) for pledging his wife's gold, without her consent by the High Court of Kerala in Surendra Kumar v State of Kerala [2024: KER:76979 ].

In Cheque Dishonour, Both Civil & Criminal Cases Possible

By K Rajasekharan 4 November 2024Negotiable InstrumentsNo Comments

A complaint for offence punishable under Section 138 of the Negotiable Instruments Act (NI Act) would be maintainable, even if a civil suit is filed for recovery of the amount, though both spring from the same cause of action, says Karnataka High Court in Lalji Kesha Vaid v Dayanand R.

SC Guidelines on Granting Amendment of Pleadings

By K Rajasekharan 3 November 2024Civil lawNo Comments

The Supreme Court (SC) in paragraph 70 of the judgement in Life Insurance Corporation of India v Sanjeev Builders Private Limited provides the broad guidelines regarding the amendment of pleadings.

Partition Comes to fore after Resolving Dispute on Will

By K Rajasekharan 3 November 2024Property & SuccessionNo Comments

The succession process cannot go forward without a determination of the dispute regarding the Will, says the Supreme Court (SC) in Dinesh Goyal @ Pappu v Suman Agarwal (Bindal) & Others [ 2024 INSC 726].

Accused must explain if Crime happens in the Privacy of Home

By K Rajasekharan 3 November 2024Criminal lawNo Comments

When the offence of murder was committed in the presence of the accused in the privacy of their house, then he has the duty to give an explanation and a failure to offer an explanation can be treated as an adverse circumstance against the accused, as per Section 106 of the Indian Evidence Act, 1872 (IEA), says the Supreme Court (SC) in Uma & Another v The State Represented by the DySP [2024 INSC 809 ].

A Spouse not to do Surveillance on the Other

By K Rajasekharan 3 November 2024Family, Marriage & DivorceNo Comments

Law cannot permit or encourage snooping by one spouse on the other. Right to privacy is a fundamental right and it includes spousal privacy. Evidence obtained by invading the fundamental right to privacy of the spouse is inadmissible in the court, says Madras High Court in the judgement in R v B.

In Cheque Case, Presence of the Accused not to be Insisted

By K Rajasekharan 2 November 2024Criminal lawNo Comments

Presence of the accused, particularly in cheque bouncing cases–which are semi-criminal/civil in nature, should not be ordinarily insisted upon, unless the trial court needs to either examine the accused or their statement is to be recorded, says the Rajasthan High Court.

Shouting & Threatening does not amount to Assault

By K Rajasekharan 2 November 2024Criminal lawNo Comments

Shouting and threatening someone doesn't amount to committing an offence of assault, says the Supreme Court (SC) in K Dhananjay v Cabinet Secretary & Others.

Registering Officer cannot Cancel a Registered Document

By K Rajasekharan 31 October 2024Property & SuccessionNo Comments

A conjoint reading of Sections 17, 18, 32, 34 and 35 enjoins to the clear inference that upon a document, which is compulsorily registerable as provided u/s 17, the registering authority, upon satisfying himself that the document is presented by the proper person and being satisfied with the same as per the provision provided u/s 34 is bound to admit the document for registration, unless contrary to the aforesaid provisions unfolds, which alone could cause the registering authority to deny execution of the document, says the Supreme Court (SC) in Satya Pal Anand v State of Madhya Pradesh & Others.

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 Act

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.