November 2024 - Lawwatch : Resources for Learners

Capturing a Woman’s Picture in Public is not Voyeurism

By K Rajasekharan 6 November 2024Criminal lawNo Comments

Kerala High Court, in Ajith Pillai v State of Kerala [2024:KER:78155], says taking a woman's photos while she was standing in front of her house without any secrecy will not attract the offence of voyeurism and the offence is attracted only upon watching or capturing images of a woman engaging in a 'private act' as mentioned under Section 354C of Indian Penal Code (IPC).

Husband cannot Pledge Wife’s Gold without her Consent

By K Rajasekharan 5 November 2024Family, Marriage & DivorceNo Comments

Husband was found guilty of criminal breach of trust under Section 406 of Indian Penal Code (IPC) for pledging his wife's gold, without her consent by the High Court of Kerala in Surendra Kumar v State of Kerala [2024: KER:76979 ].

In Cheque Dishonour, Both Civil & Criminal Cases Possible

By K Rajasekharan 4 November 2024Negotiable InstrumentsNo Comments

A complaint for offence punishable under Section 138 of the Negotiable Instruments Act (NI Act) would be maintainable, even if a civil suit is filed for recovery of the amount, though both spring from the same cause of action, says Karnataka High Court in Lalji Kesha Vaid v Dayanand R.

SC Guidelines on Granting Amendment of Pleadings

By K Rajasekharan 3 November 2024Civil lawNo Comments

The Supreme Court (SC) in paragraph 70 of the judgement in Life Insurance Corporation of India v Sanjeev Builders Private Limited provides the broad guidelines regarding the amendment of pleadings.

Partition Comes to fore after Resolving Dispute on Will

By K Rajasekharan 3 November 2024Property & SuccessionNo Comments

The succession process cannot go forward without a determination of the dispute regarding the Will, says the Supreme Court (SC) in Dinesh Goyal @ Pappu v Suman Agarwal (Bindal) & Others [ 2024 INSC 726].

Accused must explain if Crime happens in the Privacy of Home

By K Rajasekharan 3 November 2024Criminal lawNo Comments

When the offence of murder was committed in the presence of the accused in the privacy of their house, then he has the duty to give an explanation and a failure to offer an explanation can be treated as an adverse circumstance against the accused, as per Section 106 of the Indian Evidence Act, 1872 (IEA), says the Supreme Court (SC) in Uma & Another v The State Represented by the DySP [2024 INSC 809 ].

A Spouse not to do Surveillance on the Other

By K Rajasekharan 3 November 2024Family, Marriage & DivorceNo Comments

Law cannot permit or encourage snooping by one spouse on the other. Right to privacy is a fundamental right and it includes spousal privacy. Evidence obtained by invading the fundamental right to privacy of the spouse is inadmissible in the court, says Madras High Court in the judgement in R v B.

In Cheque Case, Presence of the Accused not to be Insisted

By K Rajasekharan 2 November 2024Criminal lawNo Comments

Presence of the accused, particularly in cheque bouncing cases–which are semi-criminal/civil in nature, should not be ordinarily insisted upon, unless the trial court needs to either examine the accused or their statement is to be recorded, says the Rajasthan High Court.

Shouting & Threatening does not amount to Assault

By K Rajasekharan 2 November 2024Criminal lawNo Comments

Shouting and threatening someone doesn't amount to committing an offence of assault, says the Supreme Court (SC) in K Dhananjay v Cabinet Secretary & Others.