Lawwatch : Legal Resources for Learners

Charge Sheet & Allied Documents alone be Used in Discharge

By K Rajasekharan 1 December 2024Criminal law

While considering discharge of an accused, the documents which form part of the charge sheet alone can be used, but not the ones which were never part of it, says the Supreme Court (SC) in Rajnish Kumar Biswakarma v State of NCT of Delhi & Another.

Mere Refusal to Marry not amount to Abetment of Suicide

By K Rajasekharan 1 December 2024Abetment of Suicide

A person’s simple refusal to marry a lady would not amount to instigation to commit suicide, says the Supreme Court (SC) in Kamaruddin Dastagir v State of Karnataka [2024 INSC 908]. The broken relationships, while emotionally difficult, do not necessarily amount to abetment of suicide unless there is evidence of intent to commit a criminal act.

Attachment & Sale of a Property in Execution of a Decree

By K Rajasekharan 27 November 2024Civil law, Property & Succession

One of the modes of execution of a decree of a civil court is either by attachment and sale, or by sale without attachment, of any property. The provisions relating to sale of property in an execution proceeding are Sections 65 to 73, and the Rules 64 to 94 of the Order 21, of the Civil Procedure Code, 1908 (CPC). The Chapter VIII of the Civil Rules of Practice Kerala state the procedural matters relating to execution. The provisions cover both movable and immovable properties.

Grounds on which Gift can be Revoked

By K Rajasekharan 26 November 2024Property & Succession

A valid gift, which cannot normally be revoked, can be revoked under specified eventualities enumerated in Section 126 of the Transfer of Property Act 1882, says the Supreme Court (SC) in Tajuddin v Tamil Nadu Khadi and Village Industries Board (2024 (6) KLT SN 14 SC].

Compassionate Appointment: Not a Vested Right

By K Rajasekharan 25 November 2024Constitutional law

Compassionate appointment is not a vested right. A claim for compassionate appointment by the dependent of the deceased employee may not be entertained after a lapse of a considerable period since the death, says the Supreme Court (SC) in State of West Bengal v Debabrata Tiwari & Ors.

Wrong Entry of Community in SSLC can be Solved by Producing Certificate from Revenue Authority

By K Rajasekharan 24 November 2024Civil law

If a person belongs to a community other than which is mentioned in the Secondary School Leaving Certificate (SSLC) what is necessary to prove his community is to produce a community certificate from the Revenue Authority and no Gazette notification is required to support the claim, says Kerala High Court in Kerala Public Service Commission, Tvm v Dinesh [2024:KER:67974 / 92024 (6) KHC 182 (DB)].

Pension Benefit can be Withheld pending Disciplinary Proceedings

By K Rajasekharan 24 November 2024Civil law

The High Court of Kerala says pension benefits can be withheld when disciplinary proceedings are pendng, as per rule 3 A (a) of the Part III of the Kerala Service Rules in S Gopalakrishnan Potty v State of Kerala & Another [2024 KER 81106].

Counter Cases or Cross Cases: Investigation & Trial

By K Rajasekharan 22 November 2024Criminal law

Two different versions of the same incident resulting into two criminal cases are described as “case and counter case” by some High Courts or just “cross cases” by some others, says the High Court of Kerala in Faizal v State of Kerala [2024 (3) KHC 322].