Lawwatch : Legal Resources for Advocates

“Mental Cruelty” in Matrimonial Cases: Supreme Court’s Illustrative Examples

By K Rajasekharan 12 September 2026UncategorizedNo Comments

In Samar Ghosh v. Jaya Ghosh (2007), one of the most frequently cited judgments on mental cruelty, the Supreme Court observed that it is not possible to lay down a uniform standard for guidance when dealing with cases of "mental cruelty," and indicated the following illustrative but non-exhaustive examples:

What a Third Party or Victim Can Do When a Local Body Secretary Delays Demolition of an Unauthorised Building

By K Rajasekharan 11 September 2026Local Government LawsNo Comments

The Tribunal for Local Self Government Institutions, Thiruvananthapuram, frequently disposes of appeals filed against demolition orders not on merits, but by setting aside the Secretary's order on purely technical or procedural grounds, such as absence of a provisional order or notice under Section 235W(1)/(2) of the Kerala Panchayat Raj Act, 1994, or the corresponding Section 406(1)/(2) of the Kerala Municipality Act, 1994) and remanding the matter for fresh consideration.

Administrative and Quasi-judicial Authorities Must Issue Speaking Orders to Reduce Arbitrariness

By K Rajasekharan 10 September 2026Constitutional lawNo Comments

The Supreme Court in Kranti Associates (P) Ltd. v. Masood Ahmed Khan [(2010) 9 SCC 496] laid down the most comprehensive and authoritative summary of the law on recording of reasons by administrative and quasi-judicial authorities. In para 51 of the judgment, the Court distilled the entire line of precedent into eleven guiding principles on why reasons must be recorded.

Kerala’s Tribunal for Local Self Government May Use Conditional Remands in Building Demolition Appeals

By K Rajasekharan 6 September 2026Local Government LawsNo Comments

When a local government receives a complaint or finds that a building owner has erected an unauthorised building in violation of the building permit and building rules, it often invokes its demolition power under Section 406 of the Kerala Municipality Act, 1994 — but does so in haste, without following the prescribed procedure such as mandatory provisional notice, personal hearing, and drafting it ignoring the basic principles of natural justice.

Local Self Government Tribunal Must Issue Speaking Orders in Demolition Appeals: Kerala High Court

By K Rajasekharan 6 September 2026Local Government LawsNo Comments

The Kerala High Court, in Renjini K.K. v. Mannancherry Grama Panchayat & Ors. [2026:KER:33874], has reiterated that quasi-judicial tribunals cannot dispose of appeals through cryptic conclusions devoid of reasoning, holding that every adjudicatory authority must record clear reasons reflecting application of mind.

Directions of Supreme Court in Demolition of Illegal Structures

By K Rajasekharan 5 September 2026Local Government LawsNo Comments

In order to check the rise of arbitrary demolition of building structures, the Supreme Court, in In Re: Directions in the matter of Demolition of Structures v. and Ors [2024 INSC 86], issued comprehensive, nationwide directives governing the demolition of properties. The ruling reinforces the rule of law, ensuring that punitive demolitions cannot be done bye passing constitutional safeguards.

Child Custody and Visitation Rights of Grandparents

By K Rajasekharan 2 September 2026Matrimonial and Maintenance CasesNo Comments

The grandparents of a minor child, following the death of the father or mother, can legally file a petition for custody and visitation rights under the Guardians and Wards Act, 1890.

Condonation of Delay in Appeals: Principles to be Followed by Courts

By K Rajasekharan 31 August 2026Limitation Act and Condonation of DelayNo Comments

To ensure substantial justice, Section 5 of the Limitation Act serves as an equitable exception. It empowers a court to admit an appeal or application (except execution proceedings under Order XXI of the CPC) after the limitation period has expired, provided the appellant satisfies the court that they had "sufficient cause" for the delay.