Lawwatch : Legal Resources for Learners

Entrustment of Gold by Wife to Husband in Matrimonial Cases

By K Rajasekharan 18 May 2025Family, Marriage & Divorce

In matrimonial cases concerning the recovery of gold ornaments, the burden of initial proof lies with the wife to establish the entrustment of those assets to her husband. The initial onus of proof is on the wife to substantiate that the amount and the gold ornaments were misappropriated by the husband and his family, and that money was entrusted to them in trust at the time of marriage.

Appellate Court Cannot Enhance Sentence in an Appeal by the Convict

By K Rajasekharan 18 May 2025Criminal law

An appellate court cannot enhance the sentence in an appeal filed by the convict, as it violates the principle of fairness and the statutory scheme under Section 386(b)(iii) Code of Criminal Procedure (CrPC), which prohibits enhancement in such appeals, says the Supreme Court ( SC) in Sachin v State Of Maharashtra [2025 INSC 518].

In Matrimonial Cases for Return of Gold by Wife, Strict Proving of Entrustment not Necessary

By K Rajasekharan 18 May 2025Family, Marriage & Divorce

In cases concerning the gold and cash given to a woman during her marriage, the courts should apply the principle of preponderance of probabilities as documentary proof of entrustment is not often available for the transaction.

SC Warns Against Cruel Misuse of 498A Cases by Wife

By K Rajasekharan 17 May 2025Criminal law

The Supreme Court (SC), in Rajesh Chaddha v State of Uttar Pradesh [2025 INSC 671] warns against the cruel misuse of Section 498A of the Indian Penal Code (IPC) and such other provisions of law against husband and in-laws by the wife and her relatives, without concrete evidence.

No Prior Govt Sanction Required for Inquiry or Investigation in Some Circumstances

By K Rajasekharan 16 May 2025Corruption & Bribery cases

The prior sanction of the Government, as mandated under Section 17A of Prevention of Corruption Act (PC Act) in regard to recommendations made or decisions taken, would not be necessary when the act of the public servant is ex-facie criminal or constitutes an offence. This is what the Supreme Court (SC) states in the judgement in Shankara Bhat and Others v. State of Kerala and Others [2021(5) KHC 248].

Prior Sanction Required for Prosecution of Public Servants When Alleged Acts Have Nexus with Official Functions

By K Rajasekharan 14 May 2025Criminal law

In G.C. Manjunath v. Seetaram [2025 INSC 439], the Supreme Court held that prior government sanction under Section 197 of the Code of Criminal Procedure (CrPC) is required before prosecuting a public servant, even when the alleged acts exceed official duties, provided such acts are reasonably connected with the discharge of official functions.

District Court has no Power to Modify an Arbitral Award u/s 34 of the AC Act

By K Rajasekharan 10 May 2025Civil law1 Comment

In the issue whether the Principal District Court can modify arbitral awards under Section 34 & Section 37 of the Arbitration and Conciliation Act, 1996 (AC Act) the five member Constitutional Bench in Gayatri Balasamy v M/S Isg Novasoft Technologies Limited [2025 INSC 605] decided that under the Sections 34 & 37, the Principal District Court has no power to modify the award.

Maintenance Not to be Granted Without Considering Affidavit on Assets & Liabilities

By K Rajasekharan 9 May 2025Family, Marriage & Divorce

The Supreme Court (SC), in Aditi Alias Mithi v Jitesh Sharma [2023 INSC 981 ] directs the courts in India to follow the detailed guidelines issued by it in Rajnesh v Neha & Another [(2021) 2 SCC 32], including filing of the uniform format of Affidavit for Disclosure of Assets and Liabilities, in maintenance proceedings.

Criminal Law Cannot be Set in Motion Suppressing Material Facts

By K Rajasekharan 7 May 2025Criminal law

The Supreme Court (SC) addressed the issue of whether the complaint filed by a complainant under Section 138 of the Negotiable Instruments Act, suppressing material facts, is valid in Rekha Sharad Ushir v Saptashrungi Mahila Nagari Sahkari Patsansta Ltd [ 2025 INSC 399].

Advocate can File Petition for Restoring a Suit Dismissed for Default

By K Rajasekharan 4 May 2025Civil law

A suit, which was dismissed for default, can be set aside and restored to file under Order IX Rule 9 of the Code of Civil Procedure (CPC), on the basis of an application made by the Advocate on the strength of Vakalatnama executed by the plaintiff in his favour in the interest of justice, says the High Court of Kerala in Balakrishnan v Geetha N G.

SC not to Take over the Role of Organs of the State under Article 142

By K Rajasekharan 2 May 2025Constitutional law

In the Constitutional Bench decision in Supreme Court Bar Association vs Union of India & Another [AIR 1998 SC 1895], the Supreme Court (SC) held that wider the amplitude of the power of the SC under Article 142, the greater is the need for it to see that the power is used with restraint.

Additional Witness can be Examined u/s 311 CrPC, if Court Permits

By K Rajasekharan 1 May 2025Criminal law

An additional witness summoned as per Section 311 of the Code of Criminal Procedure (CrPC) can be examined as a Prosecution Witness if the court finds that such a person ought to have been examined as a prosecution witness, but was omitted due to oversight, mistake or for any other reason.