December 2024 - Lawwatch : Resources for Learners

Prove Readiness & Willingness to Claim Specific Performance

By K Rajasekharan 31 December 2024Property & SuccessionNo Comments

The plaintiff in a suit for specific performance of a contract must provide direct, specific, and accurate pleadings that he is willing and ready to perform his obligations in the contract and such pleadings must be proved with evidence, says the Supreme Court ( SC) in P. Ravindranath & Anr. v. Sasikala & Ors [2024 INSC 533].

Multiple Claims for same Accident Not Maintainable

By K Rajasekharan 30 December 2024Motor Vehicles Act

Multiple claim petitions for the same accident are not maintainable, either under the Employee's Compensation Act or the Motor Vehicles Act, the Himachal Pradesh High Court says in Tata AIG General Insurance Company Ltd. v Shibi Devi [2024:HHC:14477].

Litigant can Change his Advocate During the Case

By K Rajasekharan 27 December 2024Civil law, Criminal law

A litigant has the right to change his advocate when he feels that the advocate engaged by him is not capable of espousing his cause efficiently or that his conduct is prejudicial to the interest involved in the case, or for any other reason, says the Supreme Court (SC) in R.D. Saxena v Balram Prasad Sharma on 22 August, 2000.

Importance of Framing of Issues in a Civil Suit

By K Rajasekharan 25 December 2024Civil law

To decide a case properly the framing of the issues should be appropriate. The framing of issues would help the parties to lead necessary evidence in support of the claims and the reliefs. It will give the other party to confront or construct the case to bring home his defence. Issues are the lamp post which enlightens the parties, the trial and the appellate court as to what the controversy is, what the evidence must be, and where the truth in the dispute lies.

Bank not to publish Loan Defaulter’s Photo & Details: Kerala High Court

By K Rajasekharan 24 December 2024Civil law

A bank publishing the photo and details of defaulting borrowers to coerce them to repay loan invades a person's right to live with dignity and reputation under Article 21 of the Constitution, says the Kerala High Court in, The Mangement Committee of Chempazhanthi Agricultural Improvement Co-operative Society and Another v The Assistant Registrar of Co-operative Societies [2024:KER:97047].

Mode of Prosecuting a Person on Perjury or Forgery in a Court u/s 340 CrPC

By K Rajasekharan 24 December 2024Criminal law

The prosecution of the offence of perjury or forgery coming under Section 195 Indian Penal Code, 1860 (IPC) as the part of judicial proceedings can be done by a special procedure provided under 340 of the Criminal Procedure code, 1973 (CrPC).

Trust is not a Legal Person & Cannot Sue or to be Sued

By K Rajasekharan 24 December 2024Civil law

Trust cannot sue or to be sued in a court of law, even though the trustees can maintain or defend any suit for the preservation and protection of the trust property, says the High Court of Kerala in Crl. M. C. No. 3799 of 2018 delivered on 6th day of February, 2019.

Authorised Signatory of a Cheque can be held liable for Dishonour only if Company is an Accused

By K Rajasekharan 22 December 2024Negotiable Instruments2 Comments

The Supreme Court (SC) in Bijoy Kumar Moni v Paresh Manna & Anr [2024 INSC 1024], reiterated that the authorised signatory of a company cannot be held liable under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque drawn on the company's account, unless the company is arraigned as the principal accused.

Suits for Recovery of Tittle to be filed within 3 Years, not 12 Years

By K Rajasekharan 22 December 2024Property & Succession

The period of limitation for trying to regain title and recover the possession of the suit property by seeking to get the sale deed set aside would be three years, but not twelve years, says the Supreme Court (SC) in its judgement in Mallavva & Anr. v Kalsammanavara Kalamma (Since Dead) By Legal Heirs & Ors. [ 2024 INSC 1021.

Wife doesn’t Deserve Alimony Equal to that of Husband’s Wealth

By K Rajasekharan 20 December 2024Family, Marriage & Divorce

A divorced wife cannot seek permanent alimony just to attain equal wealth status with the ex-husband, says the Supreme Court (SC) in Rinku Baheti Vs Sandesh Sharda [2024 INSC 1014]. The matrimonial proceedings to seek maintenance or alimony is being used as an attempt for equalisation of wealth with the other party.

Right of the Legal Heir over the Nominee on a Bank Deposit

By K Rajasekharan 20 December 2024Property & Succession

Who is the legitimate claimant when the bank deposit/insurance amount of a deceased person is claimed simultaneously by both the nominee on the one hand and the legal heir on the other? The laws have no specific provision to differentiate between legitimacy of a nominee and a legal heir in receiving the deposit/insurance amount of the deceased person. But a few case laws shed light on the issue.

Unlawful Constructions should not be Regularized

By K Rajasekharan 19 December 2024Uncategorized

The construction made in contravention of the Acts / Rules would be construed as illegal and unauthorized construction, which has to be necessarily demolished and it cannot be legitimized or protected solely under the ruse of the passage of time or citing inaction of the authorities or by taking recourse to the excuse that substantial money has been spent on the said construction, says the Supreme Court (SC) in Rajendra Kumar Barjatya & Another v U P Avas Evam Vikas Parishad & Ors [2024 INSC 990].