Lawwatch : Legal Resources for Learners

Civil Miscellaneous Appeal (CMA) or an Appeal from an Interlocutory Order

By K Rajasekharan 14 April 2025Civil law

The Section 104 of the Code of Civil Procedure (CPC) and the Order 43 of the CPC enlists the orders against which appeal can be filed. No other order other than those expressly provided in the above provisions in the CPC can be appealed against before a higher court.

Wife holds Some Job is no Ground to Deny her Maintenance: HC

By K Rajasekharan 10 April 2025Family, Marriage & Divorce

The Kerala High Court says, in Jayaprakash E P v Sheney P & Connected Case [2025:KER:5702], that even if the wife holds a temporary job and earns some income, it does not disentitle her from claiming maintenance from her husband, provided she claims that her income is insufficient for her maintenance.

When a Party to a Suit dies, any Party can Apply for Substitution

By K Rajasekharan 7 April 2025Civil law

The principles to guide courts while considering applications for setting aside abatement and consequent impleading are laid down by the Supreme Court (SC) Om Prakash Gupta Alias Lalloowa (Now Deceased) v Satish Chandra (Now Deceased) based on the judicial precedents.

A Case Must be Decided on Merit Unless the Litigant Makes Lapses

By K Rajasekharan 7 April 2025Civil law

The Supreme Court (SC) in its judgment in Mithailal Dalsangar Singh v Annabai Devram Kini says that the courts have to adopt a justice-oriented approach dictated by the uppermost consideration that ordinarily a litigant ought not to be denied an opportunity of having a case determined on merits unless he has, by gross negligence, deliberate inaction or something akin to misconduct, disentitled himself from seeking the indulgence of the court.

Mutual Consent Divorce under Section 13B of the Hindu Marriage Act

By K Rajasekharan 6 April 2025Family, Marriage & Divorce

Mutual Consent Divorce is the quickest form of divorce for an irreparably broken marriage. It is the divorce sought and obtained from the family court by consenting spouses, preferably by filing a joint petition. Divorce is normally sought only when the husband and wife do not want to live together in a matrimonial relation any longer.

Disciplinary Action against an Officer Need not be Initiated by the Appointing Authority

By K Rajasekharan 2 April 2025Uncategorized

The Appointing Authority need not initiate disciplinary proceedings against a civil servant. The appointing authority need not always required to initiate disciplinary proceedings against a state employee, says the Supreme Court (SC) in The State of Jharkhand & Others v Rukma Kesh Mishra [2025 INSC 412].

Abetment of Suicide can be Charged only When the Harassment Leaves no Alternative but Suicide

By K Rajasekharan 31 March 2025Abetment of Suicide

Abetment of suicide can be charged against a person only when the alleged harassment should be of such nature that it leaves the victim with no other alternative but to end their life, says the Supreme Court (SC) in Mahendra Awase v The State of Madhya Pradesh [2025 INSC 76], and Ayyub & Others v State of Uttar Pradesh & Another [2025 INSC 168].

No Sex & No Care by Husband May Lead to Divorce

By K Rajasekharan 30 March 2025Family, Marriage & Divorce

In a judgement in xxx v xxx [2025:KER:25098], Kerala High Court ordered divorce on the ground of cruelty, specifically due to persistent neglect, lack of affection, and denial of conjugal rights without valid reasons which caused severe mental trauma to the spouse.

A Cognizable Offence must be Reported to the Police before Making a Private Complaint about it to the Magistrate

By K Rajasekharan 26 March 2025Criminal law

A person aggrieved by a cognizable offence committed by someone else must first inform the officer in charge of a police station, who is required to record it in writing, read it back to the informant, and obtain their signature, under Section 154(1) of the Code of Criminal Proceedure,1967 (CrPC), says the Supreme Court ( SC) in Ranjit Singh Bath & Anr. v Union Territory Chandigarh & Anr.

Discharge or Framing of Charge in a Warrant Case: The Essential Principles to be Followed

By K Rajasekharan 19 March 2025Criminal law

The Sections 239 and 240 of the Code of Criminal Procedure (CrPC) deal with discharge and framing of charge. The discharge of the accused arises when "the Magistrate considers the charge against the accused to be groundless.”

Not to Register a Criminal Case against a Teacher Relating to School Discipline without a Preliminary Probe

By K Rajasekharan 16 March 2025Civil law

A preliminary inquiry must be conducted before registering a criminal case against a teacher for any bonafide act done in the school to discipline their students and the accused teacher should not be arrested during the preliminary enquiry. Such an enquiry is essential to ensure that teachers are not unfairly targeted, says the High Court of Kerala (HCK) in Sibin SV v State of Kerala [2025: KER:20847].