January 2024 - Lawwatch : Resources for Learners

Court can Compare Signatures in Cheque & with Bank

By K Rajasekharan 30 January 2024Negotiable Instruments

In a cheque case under Section 138 of the Negotiable Instruments Act (NI Act), if the accused disputes the signature on the cheque, then the court can summon certified copies of the signatures from the bank to compare it with the signature appearing on the cheque, says the Supreme Court in Ajitsinh Chehuji Rathod v State of Gujarat and another.

What does the term Month in Statutes Mean?

By K Rajasekharan 30 January 2024Negotiable Instruments

In Rameshchandra Ambalal Joshi v State of Gujarat & Anr, the Supreme Court of India (SC) discusses how to calculate the word month appears in legal provisions. As per Section 3 (35) of the General Clauses Act, the word month has been defined and it “shall mean a month reckoned according to the British calendar”.

Supreme Court & High Court Judgements in Electronic Form

By K Rajasekharan 28 January 2024Articles

The Supreme Court has brought out the Digital Supreme Court Reports. It is a digital version of the official law report of the judgements of the Supreme Court of India. It presents judgments in a digital, open-access format which is useful for the law students, lawyers, and the wider public.

Names of the Accused & Victim not to be Disclosed

By K Rajasekharan 26 January 2024Criminal law

The names and addresses of the victim and the accused should not be printed or published in relation to the inquiry or trial of rape or any offence under Section 376, 376A, 376C, 376D or 376E of Indian Penal Code (IPC) without the previous permission of the court, says the High Court of Kerala in Saleel Raveendran v Union of India.

Not to make Breach of Contract a Criminal Offence

By K Rajasekharan 23 January 2024Civil law

A breach of contract does not amount to a criminal offence of cheating, under Section 420 or 406 of the Indian Penal Code, 1860 (IPC), unless fraudulent or dishonest intention is shown right at the beginning of the transaction, says the Supreme Court (SC) in Jay Shri v State of Rajasthan.

Wife is entitled to get Salary details of Husband

By K Rajasekharan 20 January 2024Family, Marriage & Divorce

In VA Anand v State Information Commission & Others, the Madras High Court pointed out that the wife was not a third party and during the pendency of matrimonial proceedings, she was entitled to receive information relating to salary of her husband.

Data Bank should include only Wetlands & Paddylands

By K Rajasekharan 19 January 2024Civil law

The final Data Bank to be prepared in Kerala should contain only the details of the property which are paddy land and wetland as shown on the date on which the Conservation of Paddy Land and Wetland Act 2008 (2008 Act) came into force, says Kerala High Court in Basil v Local Level Monitoring Committee.

Recovery of Material Object u/s 27 of the IEA

By K Rajasekharan 17 January 2024Criminal law, Evidence law

he Section 27 the Indian Evidence Act (IEA) states that so much of information obtained from the accused when he/she is in police custody leading to the recovery of any fact alone, is admissible. The statement under this Section made to the police when the accused was not in custody or its equivalent, is also inadmissible.

Dispose Execution Petition in 6 Months : SC

By K Rajasekharan 16 January 2024Civil law

Executing Court must dispose of the execution proceedings within 6 months from the date of filing which may be extended only by recording reasons in writing for such delay, says the Supreme Court (SC) in Rahul S Shah v Jinendra Kumar Gandhi and Others [ (2021) 6 SCC 418].

Left over Property abutting Road forms its Part

By K Rajasekharan 16 January 2024Civil law

when a person who is having property abutting a public road leaves some property while constructing a compound wall and ultimately the said property became part and parcel of the public road used by all in common, it has to be inferred that the person, who left property outside the compound wall abutting the road in existence, impliedly for deemed to have surrendered the said portion of the property also as public road for his convenience and for the public at large.

What an Indemnity Bond is & Its Format

By K Rajasekharan 7 January 2024Civil law

An Indemnity Bond is a contract in which one party promises the other from any loss caused to him by the conduct of the person who promises or any other person. It is called a Contract of Indemnity, under Section 124 of the Contract Act, 1872.