K Rajasekharan, Author at Lawwatch : Legal Resources for Advocates

Suit for Declaration without Recovery not Maintainable

By K Rajasekharan 16 February 2024Code of Civil Procedure 1908 CPC, Property & Succession

A suit for declaration of title without seeking recovery of possession is not maintainable when the plaintiff is not in possession of the property, under Section 34 of the Specific Relief Act of 1963.

A Woman can file a Case against a Female under DV Act

By K Rajasekharan 14 February 2024Crimes Against Women

A complaint, under the Protection of Women from Domestic Violence Act 2005 (DV Act), can be filed by an aggrieved woman, who has been in domestic relationship with her and the case can be against a female member of the family as well.

On Writing a Judgement: A Simple Model for Learning

By K Rajasekharan 8 February 2024Articles

A Judgment is a reasoned pronouncement by a judge on one or more disputed legal questions involved in a case between opposing parties who argued before him with facts and evidence. A good judgment requires a good hearing by the parties on various aspects of the disputed issues.

Uniform Civil Code (UCC): Its Need & Purpose

By K Rajasekharan 7 February 2024Articles, Family, Marriage & Divorce

The Uniform Civil Code (UCC) is a constitutional objective outlined in Article 44, the implementation of which has been long-delayed. Its primary purpose is to remedy the discrimination against women that exists within various personal laws.

Returning a Complaint as it was filed by Wife is Illegal

By K Rajasekharan 6 February 2024Code of Criminal Procedures (CrPC)

Returning a criminal complaint filed by the wife of an accident victim, on the sole ground that it was filed by the wife and not by the actual victim, is illegal, says the Kerala High Court (HC) in Smitha w/o Thankachan v State of Kerala.

Investigation not Vitiated when Informant becomes IO

By K Rajasekharan 6 February 2024Code of Criminal Procedures (CrPC)

Investigation conducted by the informant / police officer, who is the complainant, is not vitiated because of the sole reason that the informant is the investigator, says the Supreme court (SC) in Mukesh Singh v State (Narcotic Branch of Delhi) .

Court can Compare Signatures in Cheque & with Bank

By K Rajasekharan 30 January 2024Negotiable Instruments Act

In a cheque case under Section 138 of the Negotiable Instruments Act (NI Act), if the accused disputes the signature on the cheque, then the court can summon certified copies of the specimen signature, which is admissible under Bankers’ Book of Evidence Act, 1891, from the bank to compare it with the signature appearing on the cheque under Section 73 of the Indian Evidence Act, 1882 (IEA), says the Supreme Court (SC) in Ajitsinh Chehuji Rathod v State of Gujarat and another.

What does the term Month in Statutes Mean?

By K Rajasekharan 30 January 2024Negotiable Instruments Act

In Rameshchandra Ambalal Joshi v State of Gujarat & Anr, the Supreme Court of India (SC) discusses how to calculate the word month appears in legal provisions. As per Section 3 (35) of the General Clauses Act, the word month has been defined and it “shall mean a month reckoned according to the British calendar”.

Judgements in Electronic Form : Digital SCR

By K Rajasekharan 28 January 2024Articles

The Supreme Court has brought out the Digital Supreme Court Reports. It is a digital version of the official law report of the judgements of the Supreme Court of India. It presents judgments in a digital, open-access format which is useful for the law students, lawyers, and the wider public.

Names of the Accused & Victim not to be Disclosed

By K Rajasekharan 26 January 2024Code of Criminal Procedures (CrPC)

The names and addresses of the victim and the accused should not be printed or published in relation to the inquiry or trial of rape or any offence under Section 376, 376A, 376C, 376D or 376E of Indian Penal Code (IPC) without the previous permission of the court, says the High Court of Kerala in Saleel Raveendran v Union of India.