Complaints under DV Act Can Be Quashed u/s 482 CrPC

The Supreme Court (SC), in Shaurabh Kumar Tripathi v Vidhi Rawal [2025 INSC 734], states that High Courts can quash complaints filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act), in exercise of their inherent powers under Section 482 of the Code of Criminal Procedure (CrPC), now S.528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

A Woman Subjected to Domestic Violence alone Can Seek Remedies under PWDV Act

The Protection of Women against Domestic Violence Act (PWDV Act), particularly its Section 12, makes it very clear that an application for the reliefs provided under Sections 18 to 22 can be made only by an aggrieved person or on her behalf, says the High Court of Kerala in Shynil & Others v State of Kerala & Others [2024:KER:89997].

Unlawful Constructions should not be Regularized

The construction made in contravention of the Acts / Rules would be construed as illegal and unauthorized construction, which has to be necessarily demolished and it cannot be legitimized or protected solely under the ruse of the passage of time or citing inaction of the authorities or by taking recourse to the excuse that substantial money has been spent on the said construction, says the Supreme Court (SC) in Rajendra Kumar Barjatya & Another v U P Avas Evam Vikas Parishad & Ors [2024 INSC 990].

Who can sue on behalf of a Cooperative Society in Kerala?

As per the registered bye-laws of most of the Co-operative Society, the Society can sue and be sued through its Secretary, etc. Therefore, the Act and the Rules clearly envisage that the registered bye-laws should provide provisions as to who is the Officer, who can sue or be sued, in the name of the Co-operative Society concerned says Kerala High Court in J.S.Prakash v The Thiruvananthapuram Service Cooperative Bank.

Suppression of Facts & Repudiation of Insurance Claim

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.

Difference between the terms illegal & unlawful

The terms illegal and unlawful have slight difference in meanings, as per Oxford English dictionary. But nowadays both terms are often used interchangeably. Something that is Illegal is against the law in force such as illegal immigrants, whereas an unlawful act merely contravenes the rules that apply in a particular context such as an unlawful assembly. The term unlawful often implies an act that is done without lawful justification or authority.

Appeal can be Filed in case of no Reply under RTI

The failure of the State Public Information Officer (SPIO) of a Public Authority to provide information to the applicant within the specified period of 30 days under Section 7 (1) of the Right to Information Act (RTI) shall be deemed to be a refusal of request. The Section 7(1) of the RTI provides for disposal of the request for information within 30 days of the request by either providing it or rejecting the application.