Lawwatch : Resources for Learners -

Court can Alter or Add any Charge at Anytime

By K Rajasekharan 28 April 2024UncategorizedNo Comments

The Section 216 CrPC enables a court to alter or add to any charge at any time before judgement is pronounced, and an improper or erroneous charge can also be corrected under the section by reframing it properly, says the High Court of Kerala (HCK) in Johnkutty M V v State of Kerala [2024:KER:14955 : 2024 (2) KHC 397].

Stridhan Property is Wife’s Absolute Property

By K Rajasekharan 26 April 2024Family, Marriage & DivorceNo Comments

Stridhan property is essentially what is gifted to a woman before marriage, at the time of marriage or at the time of bidding of farewell or thereafter and it is an “absolute property” of a woman. The husband has no control over it and it does not become a joint property of the wife and the husband. But he can use it in times of distress and he has a “moral obligation” to restore the same or its value to his wife, says the Supreme Court (SC) in Maya Gopinath v Anoop S B [2024 INSC 334].

Indian Courts can try Offences Committed Outside India

By K Rajasekharan 24 April 2024Criminal lawNo Comments

When any offence involving an Indian citizen is committed outside of India, the trial should not be processed with, without the prior sanction of the Central Government under Section 188 of the Code of Criminal Procedure (CrPC), says Telangana High Court in two Criminal Petitions No 6110 of 2022 and 6074 of 2022.

No Easement by Necessity if alternate Way Exists

By K Rajasekharan 16 April 2024Civil lawNo Comments

The claimant of an easement right wouldn't be entitled to claim the easement right by necessity when there exists an alternative way to access the claimant’s land, apart from the way over which the easement rights were claimed, the Supreme Court (SC) says in Manish Mahendra Gala v Shalini Bhagwan Avatramani [2024 INSC 293].

Power of Attorney holder can Depose what he directly Knows

By K Rajasekharan 13 April 2024UncategorizedNo Comments

A Power of Attorney holder can depose only about the facts within his personal knowledge, but not about those facts which he himself does not know directly, or the person whom he represents alone knows, says the Supreme court (SC) in Manisha Mahendra Gala v Shalini Bhagwan Avatramani [2024 INSC 293].

No Transfer of Property Occurs If the Transferor has no Title

By K Rajasekharan 13 April 2024Property & Succession

If someone tries to transfer property rights to another person through a legal document but doesn't actually own those rights, the new owner or their successors won't have the legal right to claim those rights from that document, says the Supreme Court in Kizhakke Vatakandiyil Madhavan (D) Thr LRS v Thiyyurkunnath Meethal Janaki [Citation : 2024 INSC 287].

SC deprecates HC’s Interference in SARFAESI Matters

By K Rajasekharan 13 April 2024Civil law

The Supreme Court (SC) , in PHR Invent Educational Society v UCO Bank & Others, deprecated the High Court's interference in the auction sale proceedings completed by the Bank, on behalf of the borrower, despite having statutory remedy of appeal under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).

Cheque Dishonour Cases u/s 138 NI Act: SC Guidelines

By K Rajasekharan 11 April 2024Negotiable Instruments

A complaint regarding cheque dishonour, under Section 138 of the Negotiable Instruments Act (NI Act), can be filed to the Magistrate Court with an affidavit and associated documents.

Abetment of Wife’s Suicide under Section 306 IPC

By K Rajasekharan 10 April 2024Criminal law

A man cannot be held guilty for abetment of suicide of his wife, under Section 306 of the Indian Penal code (IPC) read with Section 113 A of the Indian Evidence Act (IEA), within seven years of marriage, unless there is cogent evidence of harassment or cruelty, the Supreme Court has said in Naresh Kumar v State of Haryana [2024 (1) KLD 427 (SC)].

SC’s Principles for Condonation of Delay in Appeals

By K Rajasekharan 9 April 2024Criminal law

In Pathapathi Subba Reddy (Died) By Legal Heirs & Others v Special Deputy Collector (LA), the Supreme Court (SC) laid down eight principles to be followed while seeking condonation of delay in filing appeals, by providing harmonious construction to Sections 3 and 5 of the Limitation Act, 1963.

Suppression of Facts & Repudiation of Insurance Claim

By K Rajasekharan 9 April 2024Uncategorized

Suppression of details regarding the illness suffered by the insurance proposer/assured, the previous treatment administered to him including hospitalization, and so on, which are raised as specific queries in the proposal form of the insurance company are material facts, and in the event of any material suppression or furnishing of false information by the proposer/assured regarding the same, the Insurance Company would be entitled to repudiate the policy, says the Kerala High Court in Life Insurance Corporation v Rosamma Varkey.

Evidence must be Construed in favour of the Accused

By K Rajasekharan 5 April 2024Criminal law

On the basis of evidence on record in a court proceeding, if two equally sustainable views - one in favourable to the accused and the other against him - are equally possible, the court should take the one that is favourable to the accused, but not the other, says the Supreme Court (SC) in Chandrappa & Others v State of Karnataka