Mere Refusal to Marry not amount to Abetment to Suicide

1 December 2024Posted inCriminal law
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

27 November 2024Posted inCivil 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.

Stages of an Original Civil Suit: An Overview

26 November 2024Posted inCivil law
Every suit shall be instituted by presenting a plaint in duplicate to the court which has jurisdiction to try the suit and is the lowest in grade competent to try it. The detailed rules, governing the presentation of a plaint, are included in Order VI and VII of the Civil Procedure Code, 1973 (CPC).

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

24 November 2024Posted inCivil 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)].