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Civil Courts Have No Jurisdiction in Violation of Building Rules but They Are Not Barred on Other Issues: Kerala HC

By K Rajasekharan 9 February 2026Local Government LawsNo Comments

In Shibu and Ors. vs. Sreekumaran and Ors. [MANU/KE/2644/2022, the High Court of Kerala examined whether the civil court had jurisdiction over a suit for a mandatory injunction to demolish a building allegedly constructed in violation of municipal rules and obstructing natural light and air.

Maintenance Proceedings Under S.125 CrPC Are Civil in Nature

By K Rajasekharan 9 February 2026Matrimonial and Maintenance CasesNo Comments

The Supreme Court, in Rina Kumari @ Rina Devi @ Reena vs. Dinesh Kumar Mahto @ Dinesh Kumar Mahato and Anr [2025 INSC 55], clarified that proceedings under Section 125 of the CrPC are essentially civil in nature.

Enforcement of Maintenance Orders under Section 125(3) CrPC / 144 BNSS

By K Rajasekharan 8 February 2026Matrimonial and Maintenance CasesNo Comments

When a person fails to comply with a maintenance decree, Section 125(3) of the Code of Criminal Procedure (CrPC) provides the Magistrate with specific powers to enforce the payment. These powers include the attachment of property and, as a last resort, the imprisonment of the defaulter.

False Promise of Marriage under Section 69 of the BNS

By K Rajasekharan 6 February 2026Crimes Against WomenNo Comments

The Supreme Court observed in Pramod Kumar Navratna v. State of Chhattisgarh [2026 INSC 124] that the mere fact that the parties indulged in physical relations pursuant to a promise to marry will not amount to a rape in every case.

A Break Up in Relationship Cannot Result in Criminal Charges of Rape: Supreme Court

By K Rajasekharan 6 February 2026Crimes Against WomenNo Comments

In the case of Prashant v. State of NCT of Delhi [2024 INSC 879], the Supreme Court observed that the mere breakdown of a relationship between a consenting couple cannot lead to the initiation of criminal proceedings for rape.

Procedure for the Demolition of Unauthorized Buildings under the Kerala Municipality Act

By K Rajasekharan 6 February 2026Local Government LawsNo Comments

In the case of Kumari Mohanam K.P. v. Corporation of Thiruvananthapuram & Others [MANU/KE/4276/2019], the High Court of Kerala clarified the mandatory steps that municipal authorities must follow before demolishing a structure.

Consensual Sex with a Married Woman Does Not Constitute Rape Under False Promise of Marriage

By K Rajasekharan 6 February 2026Crimes Against WomenNo Comments

The High Court of Kerala in its judgement in the case XXX v State of Kerala and Another (2022 (1) KLD 780) said that a married woman, who clearly knows that the person who had sex with him cannot legally marry her when her marriage with another person subsists, cannot accuse the person on the charge of rape for giving false promise to marry.

In Partition Suits, Defendants Need Not File Counterclaims: Every Party is a Plaintiff

By K Rajasekharan 3 February 2026UncategorizedNo Comments

In a suit for the partition of a joint property filed by one co-owner, the other co-owners, even if included as respondents, are entitled to their respective shares with no need to file a formal counterclaim.

Common Areas in Flat Complexes Cannot be Sold under Real Estate (Regulation and Development) Act

By K Rajasekharan 1 February 2026UncategorizedNo Comments

In the landmark case of Nahalchand Laloochand v. Panchali Co-op Housing Society [2010 INSC 563], the Supreme Court ruled that open or stilt parking spaces are "common areas" intended for the use of all residents. Consequently, these spaces cannot be sold as independent units. In practice, these areas must be handed over to the housing society and shared among the apartment owners.

Beneficial Nominee Can Claim Life Insurance Proceeds Over Legal Heirs

By K Rajasekharan 28 January 2026Insurance LawNo Comments

The Insurance Laws (Amendment) Act, 2015, introduced the concept of the Beneficial Nominee. Under this provision, if a nominee is an immediate family member—specifically a spouse, child, or parent—they are considered the absolute owner of the proceeds. This status allows them to keep the funds, overriding the claims of other legal heirs.