Lawwatch : Resources for Learners

Returning a Complaint as it was filed by Wife is Illegal

By K Rajasekharan 6 February 2023Criminal law

Returning a criminal complaint filed by the wife of an accident victim, on the sole ground that it was filed by the wife and not by the actual victim, is illegal, says the Kerala High Court (HC) in Smitha w/o Thankachan v State of Kerala.

Investigation not Vitiated when Informant becomes IO

By K Rajasekharan 6 February 2023Criminal law

Investigation conducted by the informant / police officer, who is the complainant, is not vitiated because of the sole reason that the informant is the investigator, says the Supreme court (SC) in Mukesh Singh v State (Narcotic Branch of Delhi) .

Compensation in Vehicle Accidents in a Nutshell

By K Rajasekharan 27 January 2023Motor Vehicles Act

The victims of motor vehicle accidents are eligible to get compensation, as a relief measure, under the Motor Vehicles Act, 1988 (MV Act). The M V Act lays out provision for establishment of Motor Accidents Claims Tribunal (MACT). MACT is empowered to adjudicate all claims relating to compensation in motor vehicle accidents, involving death, bodily injury or damage to property.

Court can prevent Arrest while dismissing Anticipatory Bail

By K Rajasekharan 26 January 2023Criminal law

Even if the High Court is not inclined to grant anticipatory bail while considering the application for anticipatory bail, it can grant protection from arrest for some time, says the Supreme Court (SC) in Nathu Singh and Another v State of UP and Others.

No one to be summoned to Police Station in case of no Crime

By K Rajasekharan 15 January 2023Criminal law

Summoning a person, without there being any crime registered against him and retaining him, would be violative of basic principles in criminal law, says the Supreme Court (SC) in Khaliq M A and others v Ashok Kumar and Another.

To convict for Bigamy, the second Marriage should be Valid

By K Rajasekharan 15 January 2023Criminal law, Family, Marriage & Divorce

In order to convict a person on the charge of bigamy, the second marriage performed must be with the ceremonies required for solemnization of marriage as per the Section 7 of the Hindu Marriage Act, 1955 (HMA), the High Court of Kerala says in Rajagopalan Nair v State of Kerala.

Demand of Bribe to be Proved in Bribery Case u/s 7 PCA

By K Rajasekharan 12 January 2023Criminal law

The Supreme Court (SC) declares, in a Constitutional Bench decision in Neeraj Dutta v State ( Govt of NCT, New Delhi) [2023(1) KLD 1 (SC), that the proof of demand and acceptance of illegal gratification by a Public Servant is a sine qua non to establish the guilt under Section 7 & 13(1) (d) (i) of the PCA.

Customer in a Brothel within notified area can be Punished

By K Rajasekharan 9 January 2023Criminal law

A customer, who comes for engaging in sex in a brothel which is functioning in a notified as prohibited area, can be proceeded criminally and punished under Section 7 of the Immortal Traffic (prevention) Act, 1956 (IT Act), says Kerala High Court in Mathew v State of Kerala [ 2022(7) KHC 515].

Inspection of Crime Site by Magistrate not to Collect Evidence

By K Rajasekharan 1 January 2023Criminal law

A criminal court, suo motu or by application of a party, can inspect a place where crime has occurred during the course of trial, enquiry or other proceedings under Section 310 of the Criminal Procedure Code, 1973 (CrPC).

Conclusive Proof of having Consumed Alcohol

By K Rajasekharan 31 December 2022Criminal law

The conclusive test to prove whether a person consumed alcohol or not is the Alco Meter Test or Blood Analysis Test. The evidence of smell of alcohol present in breath is not a conclusive proof, says Kerala High Court in Biju @ Gopi v State.

Maintenance to Wife who Voluntarily left Husband

By K Rajasekharan 28 December 2022Family, Marriage & Divorce

A wife, who leaves the husband voluntarily due her inability to stay in the matrimonial house, is eligible to get maintenance from her husband. This is what Kerala High Court states in Arun v Reshma, a revision petition filed under Section 19(4) of the Family Courts Act.

Overseas Citizenship of India: What it is?

By K Rajasekharan 26 December 2022Constitutional law

India introduced the Overseas Citizenship of India (OCI) Scheme by amending the Citizenship Act, 1955 in August 2005. The Scheme provides for registration as Overseas Citizen of India. A registered Overseas Citizen of India is granted multiple entry, multipurpose, life-long visa for visiting India.