October 2022 - Page 2 of 2 - Lawwatch : Resources for Learners

Indian Evidence Act in a Nutshell

By K Rajasekharan 17 October 2022Evidence law

The law of evidence plays a great role in administration of justice. For that it is essential to provide reliable, relevant and admissible evidence to establish the substantive rights of the contesting parties in a court of law. The law makes the job of providing and proving evidence foolproof.

Company is the accused in Company Cheque Cases

By K Rajasekharan 16 October 2022Negotiable Instruments

An authorised signatory of a company or firm will not be liable for prosecution in a cheque case, under section 138 of the Negotiable Instrument Act (NI Act) without the companies arraigned as an accused. This is what the High Court of Kerala says in Velayudhan Pilla S v Chellath Franklin and Another (2021 (1) KLD 753).

Sex between a Male and a Married Woman cannot be Rape

By K Rajasekharan 15 October 2022Criminal law

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.

Law relating to Rectification of an Instrument

By K Rajasekharan 14 October 2022Civil law

The rectification of an instrument is the process of making changes to it. The grounds on which rectification can be sought are fraud and mutual mistake of the parties. Relief of rectification can be sought for contracts or any written instrument.

No extra Allowance for Valuing Answer Scripts of Exams

By K Rajasekharan 10 October 2022Civil law

The teachers of the Colleges in Kerala have no right to get additional payment for evaluating examination answer sheets of students, in addition to their salary and allowances, says the High Court of Kerala in Dr K Sankar v State of Kerala.

To Claim Specific Performance, one must be “ready & willing” to Perform his Part

By K Rajasekharan 10 October 2022Property & Succession

When a person approaches a court for specific performance of an agreement in regard to a sale of immoveable property, the person must have performed or has been ready and willing to perform his obligation as a buyer as part of the agreement, under Section 16 of the Specific Relief Act, 1963 (SRA).

Charge Framing only after Pleading Guilty or not

By K Rajasekharan 9 October 2022Criminal law

If the court considers that the charge against the accused is prima facie groundless it shall pass an order of discharge under Section 239 of the Criminal Procedure Code, 1973(CrPC). If the accused is not discharged, then the court is bound to frame the charge against the accused.