Lawwatch : Resources for Learners -

OP under Article 227 impermissible Against Appellate Order in Domestic Violence case

By K Rajasekharan 5 December 2024Criminal lawNo Comments

An Original Petition (OP) under Article 227 of the Constitution is not possible against an appellate order issued by the Court of Session under Section 29 of the Protection of Women from Domestic Violence Act (DV Act), but what is possible is a Criminal Revision Petition under Section 397 of the Code of Criminal Procedure (CrPC) as stated in Kunjumon C K v State of Kerala [ 2024 (6) KHC 45].

Children of a Void Marriage entitled for Inheritance under HMA

By K Rajasekharan 3 December 2024Property & SuccessionNo Comments

Even if the second marriage of a Hindu under Hindu Marriage Act is held to be void, the children born out of the void wedlock are also entitled for terminal benefits of the deceased, says Kerala High Court in Anita v Kerala State Civil Supplies Corporation Ltd.

Stopping Payment amounts to Offence u/s 138 NI Act

By K Rajasekharan 3 December 2024Negotiable InstrumentsNo Comments

It is well settled that an offence of dishonour of cheque under Negotiable instruments Act 1882 will be attracted even if the cheque was dishonoured for the reason “payment stopped” by the drawer, says the Kerala High Court of Kerala in para 21 of the judgement in Minerals India Private limited v P K Raju [ 2024:KER:71854].

Medical Negligence means the Patient does not Get Due Care

By K Rajasekharan 3 December 2024Others, UncategorizedNo Comments

A medical doctor may be held liable for medical negligence when he is not possessed with the qualification or skill or when he fails to exercise reasonable skill which he processes in giving treatment, says the Supreme Court ( SC) in Neeraj Sud & Another v Jaswinder Singh ( Minor) & Another [2024 INSC 825].

Charge Sheet & Allied Documents alone be Used in Discharge

By K Rajasekharan 1 December 2024Criminal lawNo Comments

While considering discharge of an accused, the documents which form part of the charge sheet alone can be used, but not the ones which were never part of it, says the Supreme Court (SC) in Rajnish Kumar Biswakarma v State of NCT of Delhi & Another.

Mere Refusal to Marry not amount to Abetment to Suicide

By K Rajasekharan 1 December 2024Criminal lawNo Comments

A person’s simple refusal to marry a lady would not amount to instigation to commit suicide, says the Supreme Court (SC) in Kamaruddin Dastagir v State of Karnataka [2024 INSC 908]. The broken relationships, while emotionally difficult, do not necessarily amount to abetment of suicide unless there is evidence of intent to commit a criminal act.

Process of Mutating a Property Devolved on a Will

By K Rajasekharan 29 November 2024Property & SuccessionNo Comments

The High Court of Kerala, in paragraph 17 of the judgement, in Babu R v State of Kerala [2024:KER:84934] on the above findings, formulated guidelines to be followed by the Revenue Officers under the Transfer of Registry rules (TR Rules) while considering the mutation) of the property on the basis of Will or testamentary succession.

Attachment & Sale of a Property in Execution of a Decree

By K Rajasekharan 27 November 2024Civil law, Property & SuccessionNo Comments

One of the modes of execution of a decree of a civil court is either by attachment and sale, or by sale without attachment, of any property. The provisions relating to sale of property in an execution proceeding are Sections 65 to 73, and the Rules 64 to 94 of the Order 21, of the Civil Procedure Code, 1908 (CPC). The Chapter VIII of the Civil Rules of Practice Kerala state the procedural matters relating to execution. The provisions cover both movable and immovable properties.

Stages of an Original Civil Suit

By K Rajasekharan 26 November 2024Civil lawNo Comments

Every suit shall be instituted by presenting a plaint in duplicate to the court which has jurisdiction to try the suit and is the lowest in grade competent to try it. The detailed rules, governing the presentation of a plaint, are included in Order VI and VII of the Civil Procedure Code, 1973 (CPC).

Specific Grounds on which Gift can be Revoked

By K Rajasekharan 26 November 2024Property & SuccessionNo Comments

A valid gift, which cannot normally be revoked, can be revoked under specified eventualities enumerated in Section 126 of the Transfer of Property Act 1882, says the Supreme Court (SC) in Tajuddin v Tamil Nadu Khadi and Village Industries Board (2024 (6) KLT SN 14 SC].

Compassionate Appointment: Not a Vested Right

By K Rajasekharan 25 November 2024Constitutional lawNo Comments

Compassionate appointment is not a vested right. A claim for compassionate appointment by the dependent of the deceased employee may not be entertained after a lapse of a considerable period since the death, says the Supreme Court (SC) in State of West Bengal v Debabrata Tiwari & Ors.

Wrong Entry of Community in SSLC can be Solved by Producing Certificate from Revenue Authority

By K Rajasekharan 24 November 2024Civil lawNo Comments

If a person belongs to a community other than which is mentioned in the Secondary School Leaving Certificate (SSLC) what is necessary to prove his community is to produce a community certificate from the Revenue Authority and no Gazette notification is required to support the claim, says Kerala High Court in Kerala Public Service Commission, Tvm v Dinesh [2024:KER:67974 / 92024 (6) KHC 182 (DB)].