Method of Proving the Age of the Child Victim

26 October 2022Posted inCriminal law
To prove the age of the victim the following three methods are genrally resorted to: the matriculation or equivalent certificates, if available; and in the absence whereof; the date of birth certificate from the school (other than a play school) first attended; and in the absence whereof; the birth certificate given by a corporation or a municipal authority or a panchayat;

A Will has to be Cancelled within Three Years

25 October 2022Posted inCivil law
The period of limitation for filing a suit to cancel or set aside an instrument or decree or for rescission of a contract is 3 years as per Article 59 of the Limitation Act, the High Court of Kerala reasserts in its judgement in Cheriyan T Tharakan & Others v Saramma Cheriyan @Ammini & Others.

Appeal can be Filed in case of no Reply under RTI

23 October 2022Posted inUncategorized
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.

UGC Regulations have Priority over University Laws: SC

23 October 2022Posted inConstitutional law
The issue whether the UGC Regulations shall prevail over the State legislation/State Act has been answered emphatically by the Supreme Court (SC) once again in Professor (Dr.) Sreejith P.S. v Dr. Rajasree M.S. & Ors. The SC categorically holds the appointment of Vice Chancellors in the state universities should be as per the prevailing UGC Regulations if the regulation is in conflict with the State’s University Act.

Role of the Victim’s Advocate in Criminal Proceedings

22 October 2022Posted inCriminal law
A victim has the right to engage an advocate in the criminal proceedings she is involved in, under the law. The legal provision that empowers her to engage an advocate of his choice to assist the prosecution of criminal case, with due permission of the court is the proviso to Section 24 (8) of the Criminal Procedure Code (CrPC).

Reprimand of Student not tantamount to Abetting Suicide

18 October 2022Posted inCriminal law
The SC held that if a student is simply reprimanded by a teacher for an act of indiscipline and bringing the continued act of indiscipline to the notice of the principal of the institution who conveyed the matter to the parents and if the student who is very emotional or sentimental commits suicide, the teacher cannot be held liable for suicide.

Recovery of Weapon is not sine qua non for Conviction

17 October 2022Posted inCriminal law
The recovery of the weapon used in the commission of the offence is not a sine qua non to convict the accused. This was what the Supreme Court (SC) categorically held in State v Laly @ Manikandan in an appeal against the judgement of Madras High Court which acquitted murder accused. Even in the absence of recovery of weapon, the accused can be convicted if there is direct evidence in the form of eyewitness.

Indian Evidence Act in a Nutshell

17 October 2022Posted inEvidence law
The law of evidence plays a great role in administration of justice. For that it is essential to provide reliable, relevant and admissible evidence to establish the substantive rights of the contesting parties in a court of law. The law makes the job of providing and proving evidence foolproof.