Lawwatch : Resources for Learners

Company is the accused in Company Cheque Cases

By K Rajasekharan 16 October 2022Negotiable Instruments

An authorised signatory of a company or firm will not be liable for prosecution in a cheque case, under section 138 of the Negotiable Instrument Act (NI Act) without the companies arraigned as an accused. This is what the High Court of Kerala says in Velayudhan Pilla S v Chellath Franklin and Another (2021 (1) KLD 753).

Sex between a Male and a Married Woman cannot be Rape

By K Rajasekharan 15 October 2022Criminal law

The High Court of Kerala in its judgement in the case XXX v State of Kerala and Another (2022 (1) KLD 780) said that a married woman, who clearly knows that the person who had sex with him cannot legally marry her when her marriage with another person subsists, cannot accuse the person on the charge of rape for giving false promise to marry.

Law relating to Rectification of an Instrument

By K Rajasekharan 14 October 2022Civil law

The rectification of an instrument is the process of making changes to it. The grounds on which rectification can be sought are fraud and mutual mistake of the parties. Relief of rectification can be sought for contracts or any written instrument.

No extra Allowance for Valuing Answer Scripts of Exams

By K Rajasekharan 10 October 2022Civil law

The teachers of the Colleges in Kerala have no right to get additional payment for evaluating examination answer sheets of students, in addition to their salary and allowances, says the High Court of Kerala in Dr K Sankar v State of Kerala.

To Claim Specific Performance, one must be “ready & willing” to Perform his Part

By K Rajasekharan 10 October 2022Property & Succession

When a person approaches a court for specific performance of an agreement in regard to a sale of immoveable property, the person must have performed or has been ready and willing to perform his obligation as a buyer as part of the agreement, under Section 16 of the Specific Relief Act, 1963 (SRA).

Charge Framing only after Pleading Guilty or not

By K Rajasekharan 9 October 2022Criminal law

If the court considers that the charge against the accused is prima facie groundless it shall pass an order of discharge under Section 239 of the Criminal Procedure Code, 1973(CrPC). If the accused is not discharged, then the court is bound to frame the charge against the accused.

Sharing Offensive Messages may lead to Jail Term

By K Rajasekharan 29 September 2022Criminal law

Retweeting, forwarding or sharing of offensive messages on social media as such is not at all declared as a criminal offence in India. However, there are some provisions, under the Information Technology Act (IT Act) and the Indian Penal Code (IPC), which may put criminal liability on the person who does such an act.

Collector’s Node required to carry on Religious Activities

By K Rajasekharan 29 September 2022Civil law

Two kinds of permissions are required to carry on any religious activities in a building in Kerala. One is prior permission from the Collector of that District and the other is the permission from the Secretary of the local body in that area under the state’s building rules.

Registrar has powers to Correct Birth or Death Register

By K Rajasekharan 28 September 2022Civil law

Correction of any entry in the Birth Register is permissible if any factual error in any entry is revealed and brought before the Registrar based on an application by a concerned party. The Registrar has ample powers to make such correction, as per some judgements of the High Court of Kerala.

Trial Court can Initiate Final Decree Partition Proceedings

By K Rajasekharan 4 July 2022Property & Succession

In partition cases, the Supreme Court (SC) says that the trial court can suo motu initiate final decree proceedings, after drawing up the preliminary decree henceforth. This would bridge the inordinate delay between preliminary decree and final decree in many cases.

HC Guidelines on Protection Officers in DV cases

By K Rajasekharan 11 June 2022Family, Marriage & Divorce

The Guidelines framed by the High Court of Jammu and Kashmir and Ladakh, in a case pertaining to Protection Officer in Domestic Violence (DV) cases, are enlisted.

Child Marriage in India: Its Legal Status

By K Rajasekharan 2 June 2022Family, Marriage & Divorce

A marriage in which either the girl is below 18 years of age, or the boy is below 21 years of age, is a child marriage in India. The essential condition for the validity of an Indian marriage is solemnization or conduct of the religious ceremonies prescribed by the religion to which the parties belong. Child marriage is prohibited in India but such a marriage is not held as unlawful as of now by the courts. The Prohibition of Child Marriage Act, 2006 (PCMA) is the key law that puts some restraints on child marriages.