Lawwatch : Legal Resources for Learners

Attachment of Property before Judgement

By K Rajasekharan 24 February 2024Civil law

The object of attachment before judgement is to prevent any attempt by the defendant to defeat the realisation of the decree that may be passed against him. The attachment aims to prevent the attempt of the defendant to dispose of or remove from the jurisdiction of the court, his immovable property.

Child Witnesses : Reliability of their Evidence

By K Rajasekharan 22 February 2024Criminal 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.

Long Cohabitation will not make it a Valid Marriage

By K Rajasekharan 22 February 2024Family, Marriage & Divorce

In Rema v Radhamani (Mat appeal No 813 of 2017), the High Court of Kerala says cohabitation between a man and a woman, however long it may be, will not become a valid marriage, if either of them is already a married person.

On Providing Oral Evidence Relating to Documents

By K Rajasekharan 18 February 2024Evidence law

Two kinds of evidence can be produced before a court : they are all statements which the court permits and all documents including electronic records produced before the court for its inspection. Normally oral evidence cannot be provided to prove contents of documents but in specified situations oral evidence can be given in proving contents of documents.

Suit for Declaration without Recovery not Maintainable

By K Rajasekharan 16 February 2024Civil law, Property & Succession

A suit for declaration of title without seeking recovery of possession is not maintainable when the plaintiff is not in possession of the property, under Section 34 of the Specific Relief Act of 1963.

A Woman can file a Case against a Female under DV Act

By K Rajasekharan 14 February 2024Criminal law, Family, Marriage & Divorce

A complaint, under the Protection of Women from Domestic Violence Act 2005 (DV Act), can be filed by an aggrieved woman, who has been in domestic relationship with her and the case can be against a female member of the family as well.

On Writing a Judgement: A Simple Model for Learning

By K Rajasekharan 8 February 2024Articles

A Judgment is a reasoned pronouncement by a judge on one or more disputed legal questions involved in a case between opposing parties who argued before him with facts and evidence. A good judgment requires a good hearing by the parties on various aspects of the disputed issues.

Uniform Civil Code (UCC): Its Need & Purpose

By K Rajasekharan 7 February 2024Articles, Family, Marriage & Divorce

No doubt India needs a Uniform Civil Code (UCC). It is a constitutional mandate. Therefore, nobody can oppose it. What one can oppose is its contents, form or structure. Of course there can be deliberations as to what it should include and what it should not.

Returning a Complaint as it was filed by Wife is Illegal

By K Rajasekharan 6 February 2024Criminal 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 2024Criminal 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) .

Court can Compare Signatures in Cheque & with Bank

By K Rajasekharan 30 January 2024Negotiable Instruments

In a cheque case under Section 138 of the Negotiable Instruments Act (NI Act), if the accused disputes the signature on the cheque, then the court can summon certified copies of the specimen signature, which is admissible under Bankers’ Book of Evidence Act, 1891, from the bank to compare it with the signature appearing on the cheque under Section 73 of the Indian Evidence Act, 1882 (IEA), says the Supreme Court (SC) in Ajitsinh Chehuji Rathod v State of Gujarat and another.

What does the term Month in Statutes Mean?

By K Rajasekharan 30 January 2024Negotiable Instruments

In Rameshchandra Ambalal Joshi v State of Gujarat & Anr, the Supreme Court of India (SC) discusses how to calculate the word month appears in legal provisions. As per Section 3 (35) of the General Clauses Act, the word month has been defined and it “shall mean a month reckoned according to the British calendar”.