August 2025 - Lawwatch : Legal Resources for Learners

Supreme Court Quashes Prosecution Launched Without Govt. Sanction

By K Rajasekharan 31 August 2025Corruption & Bribery casesNo Comments

In Vinod Chandra Semwal v. Special Police Establishment, the Supreme Court of India reaffirmed the principle that a valid government sanction is a mandatory prerequisite for prosecuting a public servant for certain offences under the Prevention of Corruption Act, 1988 (PC Act) and the Indian Penal Code, 1860 (IPC).

Board of Directors is the Competent Authority to Sanction Prosecution of Cooperative Bank Employees

By K Rajasekharan 30 August 2025Corruption & Bribery casesNo Comments

In K.M. Philip v. State of Kerala, the High Court of Kerala adjudicated a key legal issue: whether the State Government is the competent authority to grant sanction for the prosecution of employees of a service cooperative bank registered under the Kerala Co-operative Societies Act, 1969.

Criminal Court has Inherent Bar in Recalling or Reviewing its judgment

By K Rajasekharan 29 August 2025Criminal lawNo Comments

In Vikram Bakshi & Ors. v. R.P. Khosla & Anr. [ 2025 INSC 1020], the Supreme Court held that Section 362 of the Code of Criminal Procedure, 1973 (CrPC) bars criminal courts from altering or reviewing their own judgments once signed. The only exception expressly provided in the statute is for the correction of a clerical or arithmetical error.

Sanction under Section 17A of Prevention of Corruption Act

By K Rajasekharan 29 August 2025Corruption & Bribery casesNo Comments

In Shankara Bhat and Ors vs. State of Kerala and Ors., the Kerala High Court held that the protection afforded by Section 17A of the Prevention of Corruption Act, 1988 (PCA), is exclusively confined to offenses arising from a public servant's recommendations or decisions made in the discharge of their official duties.

Need for Sanction under Section 19 of the PCA for Court-Ordered Investigation

By K Rajasekharan 28 August 2025Corruption & Bribery cases

The government sanction, under section 19 of the Prevention of Corruption Act (PCA), is a prerequisite for a court in ordering an investigation under Section 156(3) of the Code of Criminal Procedure (CrPC) on a private complaint, against a public servant, the High Court of Kerala states in C.V. Balan & Ors. v. State of Kerala & Ors.

Proof of Demand for Bribe Required for Conviction on it

By K Rajasekharan 27 August 2025Corruption & Bribery cases

In the judgment of T. K. Krishnankutty v. State of Kerala [2025 0 KER 24020], the High Court of Kerala held that proof of demand and acceptance of illegal gratification is a sine qua non for a conviction under Sections 7 and 13(1)(d) of the Prevention of Corruption (PC) Act.

Sanction to Prosecute a Public Servant Under Section 197 CrPC

By K Rajasekharan 26 August 2025Criminal law

In the Indian criminal justice system, Section 197 of the Code of Criminal Procedure, 1973 (CrPC) serves as a critical procedural safeguard. It is designed to protect public servants from frivolous, vexatious, or malicious criminal proceedings, thereby enabling them to perform their official duties without fear or undue harassment.

Additional Evidence at Appellate Stage must be Consistent with Original Pleadings

By K Rajasekharan 24 August 2025Civil law

In Iqbal Ahmed (Dead) through LRs & Anr. v. Abdul Shukoor, the Supreme Court held that additional evidence inconsistent with the original pleadings cannot be admitted at the appellate stage under Order XLI, Rule 27 of the Code of Civil Procedure, 1908.

SC Reaffirms Necessity of Direct and Proximate Link for Abetment of Suicide Charge

By K Rajasekharan 19 August 2025Abetment of Suicide

In Abhinav Mohan Delkar v. The State of Maharashtra & Ors. [2025 INSC 990], the Supreme Court held that to sustain a charge under Section 306 of the Indian Penal Code, 1860, there must be a direct and proximate link between the alleged harassment and the act of suicide.

Members of Scheduled Caste will Lose Benefit When Converting to Other Religion

By K Rajasekharan 16 August 2025Constitutional law

In C. Selvarani vs. The Special Secretary Cum District Collector and Ors., the Supreme Court of India held that a person who converts to a religion with the sole intent of claiming reservation benefits is committing a fraud on the Constitution. Religious conversions undertaken for the purpose of gaining benefits of reservation compromise the integrity of the reservation system.

Power of Attorney Holder’s Role in Family Court Cases

By K Rajasekharan 15 August 2025Family, Marriage & Divorce

An individual involved in a Family Court matter may authorise another person to act as their agent through a Power of Attorney (POA). This instrument empowers the designated agent, or 'holder', to represent the principal's interests and perform specified acts. The legal framework governing this representation is robust, though subject to certain judicial safeguards and inherent limitations, particularly within the sensitive context of family law.