March 2025 - Page 2 of 2 - Lawwatch : Legal Resources for Learners

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

By K Rajasekharan 7 March 2025Family, Marriage & Divorce

In a claim for return of gold ornaments and money, the wife has to initially prove the entrustment. Mere assertions, without any trace of evidence, are not sufficient to grant a decree by the family court, says the High Court of Kerala (HCK) in Mohandas v Sunitha Mohandas [2024:KER:81527].

Laws are Prospective but Case Laws are Retrospective

By K Rajasekharan 6 March 2025Criminal law

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 law

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].

In DV Act, the Party need not be Personally Present

By K Rajasekharan 4 March 2025Family, Marriage & Divorce

The proceedings under the Protection of Women from Domestic Violence Act, 2005 (DV Act) is basically civil in nature. Therefore there is no requirement for a party to be personally present as such proceedings are quasi-criminal in nature, says the SC in Vishal Shah v Monalisha Gupta & Others.

Law Relating to Conversion of Paddy or Wetland in Kerala

By K Rajasekharan 4 March 2025Civil law

The owner or the person in custody of any paddy land or wet land in Kerala shall not have any power to convert or reclaim such lands, since the enactment of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (2008 Act) on 12th August 2008 and the allied rules enacted in 2008. The removal of sand from wetland is also prohibited by the 2008 Act. However, there are two exceptions to this general rule. One is that the owner of the land can seek permission to convert paddy land and construct a residence, and the other is conversion of land for public purposes.