March 2025 - Lawwatch : Legal Resources for Learners

Not to Register a Criminal Case against a Teacher Relating to School Discipline without a Preliminary Probe

By K Rajasekharan 16 March 2025Civil lawNo Comments

A preliminary inquiry must be conducted before registering a criminal case against a teacher for any bonafide act done in the school to discipline their students and the accused teacher should not be arrested during the preliminary enquiry. Such an enquiry is essential to ensure that teachers are not unfairly targeted, says the High Court of Kerala (HCK) in Sibin SV v State of Kerala [2025: KER:20847].

Mutual Consent Divorce under Section 13B of the Hindu Marriage Act

By K Rajasekharan 14 March 2025Family, Marriage & DivorceNo Comments

Mutual Consent Divorce is the quickest form of divorce for an irreparably broken marriage. It is the divorce sought and obtained from the family court by consenting spouses, preferably by filing a joint petition. Divorce is normally sought only when the husband and wife do not want to live together in a matrimonial relation any longer.

Demand & Acceptance Should be Proved to Convict Anyone for Bribery

By K Rajasekharan 14 March 2025UncategorizedNo Comments

When the prosecution failed to prove the factum of demand and acceptance of bribe, two government employees accused of demanding and accepting bribe were acquitted and that is what happened…

Proposed Enhancement of Court Fee in Kerala from 1st April 2025

By K Rajasekharan 13 March 2025Civil lawNo Comments

Proposed Enhancement of Court Fee in Kerala from 1st April 2025. The enhanced amount of court fee proposed to be enforced from 1st April 2005 in Kerala state as per the budget proposals for the current financial year would be as provided on the page.

Legal Representative under M V Act is the One Who Suffers Loss

By K Rajasekharan 13 March 2025Motor Vehicles ActNo Comments

A legal representative under M V Act A legal representative is one, who suffers on account of death of a person due to a motor vehicle accident and need not…

Not to Reject Permission for Human Organ Transplantation Without Cogent Evidence

By K Rajasekharan 12 March 2025Civil lawNo Comments

The permission to donate human organs cannot be rejected by the Authorization Committee unless there is cogent material to establish a commercial element, says the High Court of Kerala in Uvais Muhammad K.C. & Another v State of Kerala & Another [2025: KER:195].

Sexual Harassment Complaint by a Lady Need not be Treated as Gospel Truth

By K Rajasekharan 9 March 2025Criminal lawNo Comments

The High Court of Kerala (HCK), in Noushad K v State of Kerala and Another [2025:KER:16338], says merely because the complainant is a lady, there is no presumption that her version is the gospel truth. Nowadays, there has been a tendency to make serious allegations of sexual assault against innocent people.

Motor Vehicle Accident Compensation for A Minor

By K Rajasekharan 8 March 2025Motor Vehicles ActNo Comments

The notional income of a minor aged 5 years in a motor accident claim should be fixed based on the minimum wages for skilled workers as per the state notification for Kerala, as per GO (P) No 56 /2017 Fin dated 28/4/2017 as the Second Schedule has been omitted, says the Kerala High Court in Master Jyotish Raj Krishna @ Jyothi Krishna v Sunny George & Others [ 2024:KER:87009].

A Suicide Note is Insufficient to Convict an Accused for Abetment to Suicide

By K Rajasekharan 8 March 2025Criminal lawNo Comments

A suicide note alone is not sufficient to establish abetment unless it is corroborated by other evidence, says the Supreme Court (SC) in Patel Babubhai Manohardas & Others v State of Gujarat [ 2025 INSC 322].

In a Case for Return of Gold, the Wife has Initial Duty to Prove Entrustment

By K Rajasekharan 7 March 2025Family, Marriage & DivorceNo Comments

To claim return of gold there must be some proof In a claim for return of gold ornaments and money, the wife has to initially prove the entrustment. Mere assertions,…

Laws are Prospective but Case Laws are Retrospective

By K Rajasekharan 6 March 2025Criminal lawNo Comments

A law made by the legislature is always prospective in nature unless it has been specifically stated in the statute itself about its retrospective operation. But the reverse is true for the law which is laid down by a Constitutional Court, or law as it is interpretated by the court. The judgment of the court will always be retrospective in nature unless the judgment itself specifically states that the judgment will operate prospectively, says the Supreme Court (SC) in Kaniskh Sinha v State of West Bengal [2025 INSC 278].

Conviction Solely on the Evidence of Handwriting Expert Would be Hazardous

By K Rajasekharan 5 March 2025Criminal lawNo Comments

The Supreme Court (SC) reaffirms that basing a conviction solely on the opinion of a handwriting expert’s evidence without substantial corroboration would be hazardous, in C. Kamalakkannan v State Of Tamil Nadu [2025 INSC 309].