March 2024 - Lawwatch : Resources for Learners

Conviction based on Testimony of Sole Witness

By K Rajasekharan 31 March 2024Criminal law

A conviction of an accused can be recorded based on the testimony of the single witness. While doing so the court must be satisfied that the testimony of the sole witness is of sterling quality, free from any blemish or suspicion to connect solely on the testimony of single witness [Bhimappa Chandrappa Hosamani v State of Karnataka : 2006 AIR SC 5043].

Sanction Needed to order Investigation u/s 19 of PCA

By K Rajasekharan 28 March 2024Criminal law

The government sanction, under section 19 of the Prevention of Corruption Act (PCA), is a prerequisite for a court in ordering an investigation under Section 156(3) of the Code of Criminal Procedure (CrPC) on a private complaint, against a public servant, the High Court of Kerala states in C.V. Balan & Ors. v. State of Kerala & Ors.

Police Officer not to Register FIR on Offences under Drugs Act

By K Rajasekharan 28 March 2024Criminal law3 Comments

Cognizance Of offence under Drugs & Cosmetics Act 1940 can't be taken based on Police Officer's complaint, says the Supreme Court (SC) in Rakesh Kumar v State of Bihar & Another.

Institutions not to withhold Certificates in lieu of Dues

By K Rajasekharan 26 March 2024Civil law

Educational institutions cannot withhold the educational certificates of students with respect to pending payment of fees or other dues, says the Madras High Court says in M Kesavan v The Principal and Others

Suicide due to Dowry Harassment u/s 498A & 304B IPC

By K Rajasekharan 23 March 2024Criminal law1 Comment

Minor quarrels between spouses due to differences of opinion or sporadic instances of ill-treatment would not establish an offence of cruelty under Section 498A of the Indian Penal Code (IPC), says the High Court of Kerala in Sreekumar s/o Chellappan Chettiyar v State of Kerala [2024 (1) KLT 382] delivered on 4th January 2024.

Magistrate’s 202(1) Inquiry by Affidavit in Section 138 NI Cases

By K Rajasekharan 21 March 2024Negotiable Instruments

In cheque dishnour cases, when the accused resides beyond the territorial jurisdiction of the court, the inquiry to be conducted under Section 202 of the Code of Criminal Procedure (CrPC), shall be conducted on affidavit, on receipt of complaints under Section 138 of the Negotiable Instruments Act (NI Act) to arrive at sufficient grounds to proceed against the accused. This was issued by the Suprem Court (SC) in the suo moto case in a constitutional Bench case : In re: Expeditious Trial of Cases Under Section 138

SC Guidelines on Proving a Will

By K Rajasekharan 21 March 2024Civil law

In proving a will, the Supreme Court(SC) has issued eight guidelines in Shivakumar and Others v Sharanabasappa and Others ( AIR 2020 SC 3102) to be followed by the courts.

Distinctions between Articles 226 & 227 of the Constitution

By K Rajasekharan 17 March 2024Constitutional law

The distinctions between Article 226 and 227 of the Constitution of India have been clearly spelt out in the three-member Bench judgement of the Supreme Court (SC) in Radhey Shyam v Chhabi Nath. The SC, based on some survey, found that the distinction between the two jurisdictions stands almost obliterated in practice.

Use of Documents under RTI as Evidence in Courts

By K Rajasekharan 17 March 2024Evidence law

The Section 65 (f) of the IEA allows certified copies permitted under the IEA or by any other law in force in India to be treated as secondary evidence. The RTI Act falls within the ambit of "any other law in force in India.” Therefore the certified copies obtained through the RTI Act can be treated as secondary evidence and can be admitted in court and they can be presumed to be true, unlike a private document.

Proving a Will when attesting Witness is not Found

By K Rajasekharan 10 March 2024Evidence law

An instrument, such as a Will, mortgage deed, or gift deed, which needs to be compulsory attested as per law, shall not be used in evidence, unless one attesting witness has been called to the court for proving its execution, if the attesting witness is alive, living with in the sphere of the process of the court, and can give evidence, under Section 68 of the Indian Evidence Act, 1872 (IEA).

How can Signature & Handwriting be Proved?

By K Rajasekharan 9 March 2024Evidence law

The signature and handwriting of a person can be proved in the court by different ways depending on the facts of each case, as per the provisions of the Indian Evidence Act, 1882 (IEA)

Options a Magistrate has on Receipt of a Complaint

By K Rajasekharan 3 March 2024Criminal law

Five options available to a competent Judicial Magistrate on receipt of a written complaint, as elaborated in Biju Purushothaman v State of Kerala & Others, and reaffirmed in Manimekhala S v State of Kerala, are outlined in this write-up.