December 2024 - Lawwatch : Resources for Learners

Children of a Void Marriage entitled for Inheritance under HMA

By K Rajasekharan 3 December 2024Property & SuccessionNo Comments

Even if the second marriage of a Hindu under Hindu Marriage Act is held to be void, the children born out of the void wedlock are also entitled for terminal benefits of the deceased, says Kerala High Court in Anita v Kerala State Civil Supplies Corporation Ltd.

Stopping Payment amounts to Offence u/s 138 NI Act

By K Rajasekharan 3 December 2024Negotiable InstrumentsNo Comments

It is well settled that an offence of dishonour of cheque under Negotiable instruments Act 1882 will be attracted even if the cheque was dishonoured for the reason “payment stopped” by the drawer, says the Kerala High Court of Kerala in para 21 of the judgement in Minerals India Private limited v P K Raju [ 2024:KER:71854].

Medical Negligence means the Patient does not Get Due Care

By K Rajasekharan 3 December 2024Others, UncategorizedNo Comments

A medical doctor may be held liable for medical negligence when he is not possessed with the qualification or skill or when he fails to exercise reasonable skill which he processes in giving treatment, says the Supreme Court ( SC) in Neeraj Sud & Another v Jaswinder Singh ( Minor) & Another [2024 INSC 825].

Charge Sheet & Allied Documents alone be Used in Discharge

By K Rajasekharan 1 December 2024Criminal lawNo Comments

While considering discharge of an accused, the documents which form part of the charge sheet alone can be used, but not the ones which were never part of it, says the Supreme Court (SC) in Rajnish Kumar Biswakarma v State of NCT of Delhi & Another.

Mere Refusal to Marry not amount to Abetment to Suicide

By K Rajasekharan 1 December 2024Criminal lawNo Comments

A person’s simple refusal to marry a lady would not amount to instigation to commit suicide, says the Supreme Court (SC) in Kamaruddin Dastagir v State of Karnataka [2024 INSC 908]. The broken relationships, while emotionally difficult, do not necessarily amount to abetment of suicide unless there is evidence of intent to commit a criminal act.