October 2025 - Lawwatch : Legal Resources for Learners

Anticipatory Bail in SC/ST Cases Permissible if No Offence is Prima Facie Made Out

By K Rajasekharan 31 October 2025Criminal law

Anticipatory bail is generally barred in cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, by virtue of Section 18 of the Act. The Supreme Court, in cases like Prathvi Raj Chauhan vs. Union of India (2020) and the later judgment in Kiran vs. Rajkumar Jivraj Jain [2025 INSC 1067] clarified that this bar is not absolute. Courts must first determine if the allegations, on their face, constitute the ingredients of an offence under the SC/ST Act.

Witness’s Verbal Narration Not Necessary to Make the Contents of Any Video Admissible

By K Rajasekharan 31 October 2025Evidence law

Once a compact disk containing video recording is produced in accordance with the requirement of Section 65B of the Indian Evidence Act it becomes an admissible piece of evidence just like any document, the Supreme Court observed in Kailas s/o Bajirao Pawar v. State of Maharashtra [2025 INSC 1117].

Recovery of Money Without Proof of Demand and Acceptance Insufficient for Conviction

By K Rajasekharan 30 October 2025Corruption & Bribery cases

The Supreme Court, in P Somaraju v The State Of Andhra Pradesh [2025 INSC 1263], reiterated that mere recovery of currency notes, without proof of demand and voluntary acceptance, is insufficient for conviction.

Facts to be Included in a Section 80 Notice Under CPC

By K Rajasekharan 30 October 2025Civil law

A notice under Section 80 of the Code of Civil Procedure (CPC) must contain specific and clear information to inform the government or a public officer about an intended lawsuit.

Prolonged Cohabitation Can Be Presumed as Marriage : Supreme Court

By K Rajasekharan 30 October 2025Family, Marriage & Divorce

The Supreme Court, in Chowdamma (D) by LR and Another Versus Venkatappa (D) by LRs and Another (2025 INSC 1038), states that when a man and woman live together as husband and wife for a prolonged period, the law presumes a valid marriage in such a case.

Grounds for Review of a Judgment: Supreme Court Explains

By K Rajasekharan 30 October 2025Civil law

In Malleeswari v. K Suguna & Another [2025 INSC 1080], the Supreme Court summed up the limited grounds for Review of a judgment permissible under Section 114 of the Code of Civil Procedure (CPC)

Judgment Cannot be Based on Grounds beyond the Pleadings

By K Rajasekharan 30 October 2025Civil law

The Supreme Court in Deep Nursing Home v. Manmeet Singh Mattewal (2025 INSC 1094) reiterated that the judgment in a case cannot go beyond the pleadings.

Interim Release of Vehicle Seized under NDPS Case Possible under 451/457 CrPC

By K Rajasekharan 28 October 2025Criminal law

The Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”) does not prohibit interim release of vehicles, which are seized for allegedly transporting contraband, under Sections 451 and 457 of the Code of Criminal Procedure, 1973 (CrPC), observed the Supreme Court in Bishwajit Dey v. State of Assam [2025 INSC 32].

Persons Seeking Sex from a Brothel Can be Punished

By K Rajasekharan 26 October 2025Criminal law

Any person availing the services of a sex worker in a brothel is liable to be prosecuted for the offence under Section 5 (1) (d) of the Immoral Traffic (Prevention)…

Items of Motor Vehicle Compensation Permissible in Simple Injury Cases

By K Rajasekharan 20 October 2025Motor Vehicles Act

In simple personal injury cases, the compensation will be awarded only for expenses relating to treatment etc, loss of earnings, and damages for pain and suffering.

Court Can Declare Civil Death of a Person Missing for Seven Years

By K Rajasekharan 20 October 2025Uncategorized

A civil court can declare a person legally dead if they have not been heard from for seven years, based on Section 108 of the Indian Evidence Act, 1872. This is typically done when a legal heir files a civil suit for a declaration of presumed death to settle matters like inheritance, remarriage, or insurance.

Joint or Separate Trial for Same Transaction? SC Clarifies

By K Rajasekharan 17 October 2025Criminal law

In Mamman Khan v. State of Haryana [2025 INSC 1113], the Supreme Court clarified the principles governing whether multiple accused involved in offences arising from the same transaction should face…