Right to Buy Property in India by Non-residents

18 December 2022Posted inProperty & Succession
The foreign nationals residing outside India are not eligible to buy properties in India whereas the foreign citizen who is residing in India can buy a property in India without a need for approval from Reserve Bank of India (RBI). Foreign nationals of non-Indian origin resident in India (except those from Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, Bhutan, Macau, Hong Kong or Democratic People’s Republic of Korea (DPRK) can acquire immovable property in India.

Encroachment on Roads Impermissible in Law

8 December 2022Posted inMotor Vehicles Act
In S. Rajaseekaran v Union of India [(2018) 13 SCC 516] the SC held that all States and Union Territories are expected to implement the National Road Safety Policy with all due earnestness and seriousness. In Suo motu v State of Kerala [2022 (7) KHC 185 (DB)], the HCK has issued similar directions to the authorities in the context of Sabarimala season. The judgement reminds the state government to implement the National Road Safety Policy with due earnestness and seriousness as the Supreme court had said in the above said S. Rajaseekaran judgement.

Cancellation of Gift Deed under Senior Citizens Act

7 December 2022Posted inProperty & Succession
The transfer of property by a senior citizen by way of gift or otherwise can be declared void under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens act 2007 (Senior Citizens Act), only when it includes a condition of providing the basic amenities and basic physical needs to him/her, the Supreme Court (SC) has held in Sudesh Chhikara vs Ramti Devi.

Quashing of DV Application Impermissible u/S 482 CrPC

4 December 2022Posted inCriminal law
A Full Bench of the Madras High Court, in Arul Daniel & Others v/s Suganya & Others, held that proceedings under Section 12 of the Domestic Violence Act (DV Act) can be challenged in the High Court only under Article 227 of the Constitution. Such proceedings cannot be challenged by invoking the court's power under Section 482 Criminal Procedure Code (CrPC).

Arrest of an Accused: Its Legal Provisions

30 November 2022Posted inCriminal law
The police officer has wide powers for making arrest without warrant when a reasonable complaint or credible information reaches him, but it should be exercised cautiously. The police officer must have sufficient materials for exercising independent judgement at the time of making arrest. Police Officer has enough discretion in making arrest without warrant. That must be exercised not at his sweet will, but when there is reasonably founded suspicion as to commission of a cognizable offence.

Registration of Marriage even after both Died or Divorced

30 November 2022Posted inFamily, Marriage & Divorce
Kerala Registration of Marriages (Common) Rules of 2008 allow registration of marriage and issue of marriage certificates even after one of the life partners dies. The law is silent on whether it is possible to register a marriage when both the life partners are not alive. However, there have been some cases in which the marriage has been registered and certificate was issued after the demise of both the husband and the wife, in one case, and after the couple got a divorce decree from a court despite having no prior registration of marriage, in another case.

Survey Officer can decide Boundaries, but not the Title

29 November 2022Posted inCivil law, Property & Succession
Under Section 9 of the Kerala Survey and Boundary Act 1961 (KSBA), the survey officer has the power to determine and record any boundary as undisputed in respect of which no dispute is brought to his notice. However, they cannot decide the question of a disputed title which a court alone can do. This is what the High Court of Kerala says in Thomas and Others v Philip [ 2022 (4) KHC 451].

Can a Cheque be Paid after the Death of its Maker?

27 November 2022Posted inNegotiable Instruments
A cheque which has been issued by a person but presented by the drawee after his death, cannot be paid by the bank. On the death of the drawer of a cheque, the cheque issued by him ceases to be a valid cheque. The reason is that on the moment of the death of the drawer of the cheque the balance amount available on his bank account will vests in his nominee or legal heir.

Child Witness is Competent to Give Evidence

21 November 2022Posted inCriminal law, Evidence law
All persons are competent to testify as a witness under Section 118 of the Indian Evidence Act. But a person who is unable to understand the question put to him or to give relational answer to the question owning to tender age, extreme old age, disease of mind or body or any other cause is not a competent witness. In criminal case, the basic test of competence is whether the person is able to understand questions put to him as a witness and give answers to them which can be understood.

Watching or Sharing Sexual Materials: Is it a Crime?

17 November 2022Posted inCriminal law
Watching the pornographic content, except child rape or child pornography or violence against women, in a private space is not at all illegal in India. But sharing and distribution of such content/material is illegal. However, watching the pornographic content such as child rape, child pornography, or violence against women, in a private space itself is a criminal offence.

SC Judgement in EPF Pension Case

5 November 2022Posted inCivil law
In the judgement delivered on 4th November 2022 in the EPFO v B Sunil Kumar & Connected Cases, the Supreme Court (SC) upheld the Employees' Pension (Amendment) Scheme 2014. The 2014 amendment fixed the maximum salary for joining the EPF Pension Scheme to be Rs 15,000 per month with effect from 1st September 2014.