December 2022 - Lawwatch : Resources for Learners

Conclusive Proof of having Consumed Alcohol

By K Rajasekharan 31 December 2022Criminal law

The conclusive test to prove whether a person consumed alcohol or not is the Alco Meter Test or Blood Analysis Test. The evidence of smell of alcohol present in breath is not a conclusive proof, says Kerala High Court in Biju @ Gopi v State.

Maintenance to Wife who Voluntarily left Husband

By K Rajasekharan 28 December 2022Family, Marriage & Divorce

A wife, who leaves the husband voluntarily due her inability to stay in the matrimonial house, is eligible to get maintenance from her husband. This is what Kerala High Court states in Arun v Reshma, a revision petition filed under Section 19(4) of the Family Courts Act.

Overseas Citizenship of India: What it is?

By K Rajasekharan 26 December 2022Constitutional law

India introduced the Overseas Citizenship of India (OCI) Scheme by amending the Citizenship Act, 1955 in August 2005. The Scheme provides for registration as Overseas Citizen of India. A registered Overseas Citizen of India is granted multiple entry, multipurpose, life-long visa for visiting India.

Right to Buy Property in India by Non-residents

By K Rajasekharan 18 December 2022Property & Succession

The foreign nationals residing outside India are not eligible to buy properties in India whereas the foreign citizen who is residing in India can buy a property in India without a need for approval from Reserve Bank of India (RBI). Foreign nationals of non-Indian origin resident in India (except those from Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, Bhutan, Macau, Hong Kong or Democratic People’s Republic of Korea (DPRK) can acquire immovable property in India.

No FIR to be Registered against Juveniles

By K Rajasekharan 17 December 2022Criminal law

No FIR shall be registered in respect of any serious or petty offence committed by juveniles, states the High Court of Kerala in Don Biju Mathew v Sub Inspector of Police, Kuravilangadu and Another.

Encroachment on Roads Impermissible in Law

By K Rajasekharan 8 December 2022Motor Vehicles Act

In S. Rajaseekaran v Union of India [(2018) 13 SCC 516] the SC held that all States and Union Territories are expected to implement the National Road Safety Policy with all due earnestness and seriousness. In Suo motu v State of Kerala [2022 (7) KHC 185 (DB)], the HCK has issued similar directions to the authorities in the context of Sabarimala season. The judgement reminds the state government to implement the National Road Safety Policy with due earnestness and seriousness as the Supreme court had said in the above said S. Rajaseekaran judgement.

Cancellation of Gift Deed under Senior Citizens Act

By K Rajasekharan 7 December 2022Property & Succession

The transfer of property by a senior citizen by way of gift or otherwise can be declared void under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens act 2007 (Senior Citizens Act), only when it includes a condition of providing the basic amenities and basic physical needs to him/her, the Supreme Court (SC) has held in Sudesh Chhikara vs Ramti Devi.

Quashing of DV Application Impermissible u/S 482 CrPC

By K Rajasekharan 4 December 2022Criminal law

A Full Bench of the Madras High Court, in Arul Daniel & Others v/s Suganya & Others, held that proceedings under Section 12 of the Domestic Violence Act (DV Act) can be challenged in the High Court only under Article 227 of the Constitution. Such proceedings cannot be challenged by invoking the court's power under Section 482 Criminal Procedure Code (CrPC).