July 2025 - Lawwatch : Legal Resources for Advocates

Power of Attorney for Transfer of Immoveable Property Needs Registration in Kerala

By K Rajasekharan 30 July 2025Civil Cases & Proceedures

As per Section 17 (g) of the Registration Act, 1908, a Power of Attorney, which creates any power or right of management, administration, development, transfer or any other transaction relating to immovable property of the value of one hundred rupees and upwards requires compulsory registration.

Guardianship of Child Comes under Family Court, but of Child’s Property Comes under District Court

By K Rajasekharan 26 July 2025Family, Marriage & Divorce

The guardianship of a minor person or its custody, Comes under Family Court. It has the jurisdiction to deal with such cases, under explanation to Section 7(1) (g) of the Family Courts Act.

Power To Recall Witness Vests with Court, not to the Parties

By K Rajasekharan 24 July 2025Civil Cases & Proceedures1 Comment

The Supreme Court (SC), in Shubhkaran Singh v. Abhayraj Singh [2025 INSC 628], held that under Order 18 Rule 17 of the Code of Civil Procedure, 1908 (CPC), only the court—not the parties—has the power to recall a witness.

SC Can even Quash Rape Charges Based on the Facts

By K Rajasekharan 22 July 2025Criminal Laws & Procedures

The Supreme Court (SC), in Madhukar & Others v The State of Maharashtra & Another. [ 2025 INSC 819], says the court has power under Section 482 the Code of Criminal Procedure, 1973 (CrPC) to quash criminal proceedings related to even rape, in exceptional circumstances, based on the facts of the case to secure ends of justice.

Secretly Recorded Conversations of Husband and Wife Admissible in Matrimonial Disputes

By K Rajasekharan 21 July 2025Family, Marriage & Divorce

A secretly recorded telephonic conversation of the spouse is admissible as evidence in matrimonial proceedings, says the Supreme Court (SC), in Vibhor Garg v Neha [2025 INSC 829], while setting aside the judgment of the Punjab & Haryana High Court..

Relief Granted by the Civil Court should be Related to Pleading & Prayers

By K Rajasekharan 20 July 2025Civil Cases & Proceedures

The Para 16 of the SC judgement in Bachhaj Nahar v Nilima Mandal & Others [AIR 2009 SC 1103] states that it is fundamental that in a civil suit, relief to be granted can be only with reference to the prayers made in the pleadings and therefore, it would be hazardous to hold that in a civil suit whatever be the relief that is prayed, the court can on examination of facts grant any relief as it thinks fit.

Conditions for Granting Mandatory Injunction u/s 39 of the SRA

By K Rajasekharan 20 July 2025Property & Succession

The Supreme Court (SC), in Estate Officer, Haryana Urban Development Authority and Ors. v. Nirmala Devi [2025 INSC 843] states that a grant of mandatory injunction under Section 39 of the Specific Relief Act, 1963 (SRA) is discretionary, and can be granted only upon the breach of an enforceable legal obligation.

Cheque Cases can be Filed against Partners without Arraigning the Partnership

By K Rajasekharan 19 July 2025Negotiable Instruments Act

A complaint under Section 138 of the Negotiable Instruments Act, 1881, can be maintained against individual partners of a firm even if the firm itself is not named as an accused, says the Supreme Court (SC) in Dhanasingh Prabhu v Chandrasekar & Another [2025 INSC 831].

Can an Accused Send a Reply to a Magistrate’s Summons without Appearing Before the Court?

By K Rajasekharan 17 July 2025Articles

An accused cannot send a reply in the form of a letter to a summons issued by a Magistrate court, in the same way a defendant might file a defence in a civil case. Instead, the accused is expected to appear in the court on the specified date and time, either personally or through a lawyer, and enter a plea or make an application as appropriate.