Lawwatch : Legal Resources for Learners

Conditions for Granting Mandatory Injunction u/s 39 of the SRA

By K Rajasekharan 20 July 2025Property & Succession

The Supreme Court (SC), in Estate Officer, Haryana Urban Development Authority and Ors. v. Nirmala Devi [2025 INSC 843] states that a grant of mandatory injunction under Section 39 of the Specific Relief Act, 1963 (SRA) is discretionary, and can be granted only upon the breach of an enforceable legal obligation.

Cheque Cases can be Filed against Partners without Arraigning the Partnership

By K Rajasekharan 19 July 2025Negotiable Instruments

A complaint under Section 138 of the Negotiable Instruments Act, 1881, can be maintained against individual partners of a firm even if the firm itself is not named as an accused, says the Supreme Court (SC) in Dhanasingh Prabhu v Chandrasekar & Another [2025 INSC 831].

Can an Accused Send a Reply to a Magistrate’s Summons without Appearing Before the Court?

By K Rajasekharan 17 July 2025Articles

An accused cannot send a reply in the form of a letter to a summons issued by a Magistrate court, in the same way a defendant might file a defence in a civil case. Instead, the accused is expected to appear in the court on the specified date and time, either personally or through a lawyer, and enter a plea or make an application as appropriate.

Women have Equal Right in Undivided Coparcenary Property Even After the Enactment of JFSAA

By K Rajasekharan 15 July 2025Property & Succession

In N P Rajani v Radha Nambidi Parambath [2025:KER:49346], the High Court of Kerala declared that the daughter of a Hindu, who dies after 20.12.2004, in the State of Kerala is entitled to equal share in the ancestral property (but not in the individual property) if no partition has taken place prior to the date, in spite of the enactment of the JFSAA in 1975.

Different Stages of a Civil Suit : An Overview

By K Rajasekharan 12 July 2025Civil 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).

Courts Need not Order DNA Test to Determine Paternity even If Mother Agrees

By K Rajasekharan 9 July 2025Family, Marriage & Divorce

Even if a mother agrees to get done the DNA profiling test of her child to ascertain its paternity, the courts must still act as the 'custodian' of the rights of the child and consider the pros and cons of the said test before calling upon the minor to undergo the test, says the Bombay High Court in SKP v KSP [2025: BHC-NAG:6350].

Uncultivable Paddy Lands can be Removed from Data Bank: HC

By K Rajasekharan 7 July 2025Uncategorized

In Dr Satheeshsankaranarayanannamboothiri v State of Kerala [2025:KER:40084] the Kerala High Court decided that a property that remains irreparably fragmented by government acquisition, lies landlocked by roads and fallow with the scattered vegetation, and continues to remain unsuitable for cultivation, cannot be classified as paddy or wetland under the Kerala Conservation of Paddy and Wetland, 2008 & its Rules.

Arrears of Rent up to Notice Period alone can be Claimed u/s 11 (2) (b) of the Kerala Rent Control Act

By K Rajasekharan 6 July 2025Lease & Rent Control

An order under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (BRC Act) should specify the period in which the rent fell in arrears till the date of demand notice and the monthly rent payable, says the High Court of Kerala in Thomas Stephen v Fort in Infra Developers Pvt Ltd [MANU/KE/1521/2017].

Sale of Minor’s Property under Guardians & Wards Act

By K Rajasekharan 6 July 2025Property & Succession

Any property or a share in any joint property owned by a minor, cannot be sold or disposed of by other means, by the natural guardian of the minor, without taking permission from the court. The disposal of property of a minor or creating a charge on it, by the natural guardian under Hindu law is governed by Section 8 of HMGA and Section 29 of the HMGA.

Unregistered Sale Agreements are Admissible as Evidence in Suits for Specific Performance

By K Rajasekharan 28 June 2025Property & Succession

Unregistered sale agreements, while not transferring ownership, are admissible as evidence in a suit for specific performance to establish the existence of a contract. This admissibility is governed by the interplay between Section 17 and Section 49 of the Registration Act. However, such agreements cannot be used to claim ownership or title to the property without a decree for specific performance, as held by the High Court of Kerala in Shaju v. Victory Granite Bricks Pvt. Ltd. & Another [2025:KER:45599].

Wife Entitled to Maintenance Despite Having Some Job

By K Rajasekharan 27 June 2025Family, Marriage & Divorce

Just because a wife is earning does not mean that she can be deprived of the support from her husband with the same standard of living to which she was accustomed to after her marriage, says the Bombay High Court, in KPS v PSS [2025:BHC-AS:25107].