Lawwatch : Legal Resources for Advocates

Examination of Sanctioning Authority Unnecessary When Sanction Order Indicates Application of Mind in Corruption Cases

By K Rajasekharan 4 March 2026Sanction to Prosecute Govt ServantNo Comments

The Kerala High Court, in Nujum P. A. v. State of Kerala [2025 KER 71435], held that when a sanction order is clearly passed in the discharge of routine official functions, there is a presumption that it was done in a bona fide manner.

Supreme Court Raises Concerns Over Use of AI-Generated Fake Judgments in Judiciary

By K Rajasekharan 3 March 2026Constitutional lawNo Comments

The Supreme Court of India, while considering an SLP in Gummadi Usha Rani & Anr. v. Sure Mallikarjuna Rao & Anr, expressed serious displeasure over a trial court’s reliance on non-existent, allegedly Artificial Intelligence (AI)-generated case law. The Court added that such misconduct strikes at the very integrity of the adjudicatory process and cannot be brushed aside as a mere error of law.

Pension amount Liable to Be Attached or Seized Once It Reaches His Bank Account

By K Rajasekharan 2 March 2026UncategorizedNo Comments

The Supreme Court, in Union of India v. Radha Kissen Agarwalla and Anr [1969 AIR 762] and in Union of India v. Jyoti Chit Fund & Finance [AIR 1976 SC 1163], consistently held that pension and provident fund amounts retain statutory protection only till they are actually paid to the employee, and that once received, they can be subjected to attachment.

Supreme Court Guidelines to Courts to Conduct Trials on Day-to Day Basis

By K Rajasekharan 1 March 2026Crimes Against Women

The Supreme Court judgment, in the Central Bureau of Investigation v. Mir Usman @ Ara @ Mir Usman Ali [2025 INSC 1155], directed that the High Court Chief Justices, on their administrative side, may issue a circular for the district judiciary.

No Need to Summon Sanctioning Officers if Prosecution Sanction is a “Speaking Order”: Kerala Vigilance

By K Rajasekharan 1 March 2026Sanction to Prosecute Govt Servant

The Vigilance (E) Department, Government of Kerala, via Circular No: VIG-E3/145/2021-VIG dated 29/07/2021, clarified the procedural requirements for proving a prosecution sanction. Drawing from a catena of judgments, including Md. Iqbal Ahmed v. State of AP [1979 Cr LJ 633 (SC)] and State of Rajasthan v. Dr. A. K. Dutta [AIR 1981 SC 2187] etc, and there is no need for the prosecution to summon the authority if the order is "speaking" (reasoned) and reflects an application of mind.

Distinct Causes of Action Demand Distinct Original Petitions in Kerala Family Courts

By K Rajasekharan 1 March 2026Family, Marriage & Divorce

In Indian Family Courts, particularly in Kerala, different reliefs require the filing of separate Original Petitions (OP) for Divorce, Maintenance, Return of Gold, and Child Custody. This is because these reliefs are governed by distinct statutes and specific procedural rules.

Minor’s Vehicle Compensation: Insurer Must Furnish Minimum Wages if Claimant Fails to Provide Income Details

By K Rajasekharan 28 February 2026Motor Vehicles Act

In Hitesh Nagjibhai Patel v. Bababhai Nagjibhairabari & Anr [2025 INSC 1070], the Supreme Court established a critical procedural safeguard for calculating compensation in accidents involving minors.

Extra-Marital Relationship Coupled with Negligence: Grounds for Disqualifying Mother from Child Custody

By K Rajasekharan 28 February 2026Matrimonial and Maintenance Cases

In Indian jurisprudence, an extra-marital relationship or adultery by a mother does not automatically disqualify her from child custody. The courts consistently maintain that a "bad wife" is not necessarily a "bad mother." Adultery does not equate to parental incompetence; an affair cannot be the sole grounds for denying custody unless it is proven that the conduct directly results in the neglect or abandonment of the child.

Condonation of Delay is Not a Matter of Right, but Judicial Discretion

By K Rajasekharan 27 February 2026Civil Cases & Proceedures

The Supreme Court, in State of Odisha v. Managing Committee of Namatara Girls High School [2026: INSC:148], has reiterated that the condonation of delay cannot be claimed as a matter of right; rather, it remains entirely within the discretion of the Court.

Seizure of Mobile Devices as Digital Evidence: A Step-by-Step Guide

By K Rajasekharan 27 February 2026Inf. Technologies for Advocates

To maintain the integrity of mobile data, you must isolate the device from all networks and prevent any interaction that could trigger automated deletion or system updates. Because mobile data is highly volatile, background processes and incoming signals can permanently destroy existing data or information.