June 2023 - Lawwatch : Legal Resources for Advocates

Hit & Run Motor Vehicle Accident Cases

By K Rajasekharan 29 June 2023Motor Vehicles Act

In hit and run motor accidental cases Motor Accident Claims Tribunal (MACT) has no judication or role under Section 161 Motor Vehicle Act, 1988 (MV Act). Such claims will be dealt with the Claim Enquiry Officer( CEO).

Wife deserves a share in the Family Properties

By K Rajasekharan 27 June 2023Family, Marriage & Divorce

A wife, who contributed to the acquisition of family assets by performing the household chores, thereby releasing their husbands for gainful employment, would be entitled to a share in the properties, as she had indirectly contributed to its purchase, says the High Court of Madras in Kannaian Naidu & Others v Kamsala Ammal & Others.

Damages an Injured can Claim in Vehicle Accidents

By K Rajasekharan 25 June 2023Motor Vehicles Act

A person injured in a motor vehicle accident can claim two types of damages: one is non-pecuniary damages (general damages) and the other is pecuniary damages (special damages). The non-pecuniary damages (general damages) are the damages which cannot be calculated in terms of money. The Pecuniary damages are those damages which the victim has actually incurred and are capable of being calculated in terms of money.

Guardianship of a Minor Hindu Child

By K Rajasekharan 18 June 2023Code of Civil Procedure 1908 CPC

The Hindu Minority and Guardianship Act, 1956 (HMGA) and the Guardians and Ward Act, 1890 (GWA) are the two acts that deal with guardianship. Both the acts define the rights, obligations, relations between adults and minors. The GWA applies to everyone regardless of caste, creed, or community and it includes the procedure on how to petition courts for the appointment of a guardian. The HMGA has an overriding effect in regard to all other laws relating to guardianship, as per Section 5 of the HMGA.

Guardian and Ward Act, 1890 : A Brief Summary

By K Rajasekharan 15 June 2023Code of Civil Procedure 1908 CPC

The court, on an application by a party, can appoint or declared a guardian for a ward. The purpose is to ensure the welfare of the minor and take care of the ward’s person and property, as per the Guardian and Wards Act, 1890 (GWA).

Nudity does not per se amount to Obscenity

By K Rajasekharan 10 June 2023Code of Criminal Procedures (CrPC)

In Rehna Fatima v State of Kerala & Another, the High Court of Kerala quashed the charge of nudity and other ones levelled against the activist Ms Rehna Fatima under the penal code and other laws, for posting a video on internet depicting her minor children painting on her bare torso under the hashtag “Body art and Politics”.

Permanent Lok Adalat: How it works?

By K Rajasekharan 1 June 2023Code of Civil Procedure 1908 CPC

Permanent Lok Adalat (PLA) is a judicial body consisting of one judicial officer and two technical officers. Its purpose is to consider and decide the disputes relating to public utility services such as transport, Post and telegraph, sanitation and public conveyance, conservancy, hospital, dispensary service and insurance.