Lawwatch : Resources for Learners -

Pendency of Case may not Disqualify going Abroad

By K Rajasekharan 6 October 2024Criminal lawNo Comments

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 lawNo Comments

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 2024OthersNo Comments

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 ControlNo Comments

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 lawNo Comments

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 lawNo Comments

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.

Identity of Rape Victim not to be Disclosed: SC

By K Rajasekharan 16 September 2024Criminal law

The Supreme Court (SC), in Nipun Saxena & Another v Union of India & Others, says that identity of the rape victims should be published or revealed, in any manner, as per Section 228 A of the Indian Penal Code (IPC).

Offence of Humiliating a Member of SC & ST

By K Rajasekharan 26 August 2024Criminal law

The objective of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ( SC & ST Act) is to prevent atrocities against the members of the Scheduled Caste and Scheduled Tribe. The Supreme Court (SC) in Hitesh Verma v The State of Uttarakhand says that the object of the Act is to improve the socio-economic conditions of the Scheduled Castes and the Scheduled Tribes,

On Preventing Arrests in Violation of Law

By K Rajasekharan 26 August 2024Uncategorized

Every Magistrate and Sessions judge to inform its jurisdictional Principal District judge about any form of non-compliance by the police in following the arrest guidelines laid down in the Satender Kumar Antil v Central Burea of Investigation & Another within one week of recording such non-compliance.

Motor Vehicle compensation for a Child

By K Rajasekharan 23 August 2024Uncategorized

In an accident the compensation is assessed based on his earning capacity and his age. But when a child dies in an accident, then while deciding the compensation child’s educational qualification, his performance in school will have to be considered. If the child was good in his studies, then he would get more compensation. But there is no standard way of calculating claim in case of death of a child.

Vehicle Compensation when Housewife Dies

By K Rajasekharan 23 August 2024Motor Vehicles Act

If the victim is not the earning member of the family, the compensation cannot be reduced on that pretext. So, in 1994, the legislature had fixed the income of a non-earning person at Rs 15,000/- per month and in case of a spouse, it would be one-third income of the spouse if he is an earning member, as per the Schedule II of the M V Act. The Schedule II has been removed by the 2019 amendment of the M V Act.

Vehicle Compensation in Injury Cases

By K Rajasekharan 23 August 2024Motor Vehicles Act

In simple personal injury cases, the compensation will be awarded only for expenses relating to treatment etc, loss of earnings and damages for pain and suffering. In grievous injury cases and permanent disability other items such as loss of future earning, future medical expenses, loss of amenities and loss of expectation in life can be added in arriving at just compensation when medical evidence corroborates with claimant’s evidence.