Lawwatch : Legal Resources for Aspiring Advocates

Voting Against Party Lines Leads to Disqualification in Kerala Local Governments

By K Rajasekharan 10 October 2025Local Government Laws

The Kerala High Court, in V V Varghese v. Kerala State Election Commission [2009:KER:21461], clarified this principle. The court distinguished between a "conscience vote," which may be permitted by an express party whip, and a "conscious vote," which must align with party policy.

Guidelines for Serving Summons on Defendants Abroad

By K Rajasekharan 29 September 2025Civil Cases & Proceedures

In Charuvila Philipose Sundaran Pillai and Another v. P. N. Sivadasan and Others, the Kerala High Court has laid down important guidelines for the service of summons on defendants residing in foreign countries, clarifying the application of the Hague Service Convention in conjunction with the Code of Civil Procedure, 1908 (CPC).

SC’s Modified Guidelines on Compounding of Cheque Bounce Cases

By K Rajasekharan 27 September 2025Negotiable Instruments Act

The supreme Court, in Sanjabij Tari v. Kishore S Borcar & Anr. [2025 INSC 1158], observed that a very large number of cheque bouncing cases are pending and interest rates have fallen in the last few years. Therefore, the Supreme Court modified the guidelines of compounding cheque dishonour cases issued fifteen years ago in Damodar S. Prabhu vs. Sayed Babalal H. [AIR 2010 SC 1907].

Format of the Synopsis to be Included in Cheque Bounce Case

By K Rajasekharan 27 September 2025Negotiable Instruments Act

Every complaint of cheque dishonour case, under Section 138 of the NI Act, shall contain a synopsis in the following format.as directed by the Supreme Court in Sanjabij Tari v. Kishore S Borcar & Anr. [2025 INSC 1158].

SC Guidelines for Speedy Trial of Cheque Dishonour Cases

By K Rajasekharan 26 September 2025Negotiable Instruments Act

In Sanjabij Tari v. Kishore S Borcar & Anr. [2025 INSC 1158], the Supreme Court has issued a set of directives aimed at the speedy disposal of cases under Section 138 of the Negotiable Instruments Act, 1881.These guidelines represent a concerted judicial effort to tackle the immense backlog of cheque dishonour cases that burden the Indian judiciary.

No Pre-Cognizance Hearing for Accused in Cheque Dishonour Cases under BNSS

By K Rajasekharan 26 September 2025Negotiable Instruments Act

n cheque dishonour cases filed under Section 138 of the Negotiable Instruments Act, 1881, the Supreme Court has held that an accused person does not have a right to be heard at the pre-cognizance stage. In Sanjabij Tari v. Kishore S Borcar & Anr. [2025 INSC 1158], the Court clarified that the inquiry conducted by a Magistrate under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), does not require the participation of the prospective accused.

Framing a Counterclaim by a Defendant in an Original Suit (OS)

By K Rajasekharan 24 September 2025Civil Cases & Proceedures

A counterclaim is a powerful procedural tool for a defendant. While it should ideally be filed along with the written statement, the Supreme Court has clarified that courts have the discretion to accept it at a later stage, generally before issues are framed, to ensure all related disputes are adjudicated efficiently.

Demand Notice in Cheque Dishonour Case Must State Exact Cheque Amount to be Valid

By K Rajasekharan 20 September 2025Negotiable Instruments Act

In Kaveri Plastics v. Mahdoom Bawa Bahruden Noorul [2025 INSC 1133], the Supreme Court has reiterated a mandatory requirement for a valid complaint under Section 138 of the Negotiable Instruments Act, 1881. For the complaint to be maintainable, the statutory demand notice sent to the drawer of the cheque must demand the exact amount covered by the dishonoured cheque.

When an Amendment to a Suit Takes Effect?

By K Rajasekharan 18 September 2025Civil Cases & Proceedures

The Supreme Court, in Sampath Kumar v. Ayyakannu And Anr [AIR 2002 SC 3369], affirmed the established principle that an amendment to a plaint or written statement is deemed to have been part of the pleading since its inception.