Lawwatch : Legal Resources for Learners

Eviction of a Tenant by Rent Control Court for Non-Payment of Rent

By K Rajasekharan 1 August 2024Rent Control & Lease

A tenant cannot contest an application filed by the landlord in the Rent Control Court (RCC) for eviction, under Section 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (1965 Act) unless the admitted arrears of rent are cleared, says the High Court of Kerala in Thazheveettil Naushan & Others v Elizabeth Reggive.

Writ Petition cannot be Filed regarding Private School Service

By K Rajasekharan 17 July 2024Constitutional law

The Supreme Court (SC) says that a Writ Petition under Article 226 of the Constitution cannot be entertained against a private education society for adjudication of private service disputes, in Army welfare education society, New Delhi v Sunil Kumar Sharma & Others [2024 INSC 501].

Advocates not to Solicit Work through Websites: BCI

By K Rajasekharan 16 July 2024Criminal law

The Bar Council of India (BCI) has issued directives and cease-and-desist notices prohibiting the solicitation of lawyers' services, either directly or indirectly.

Guidelines on Discharging or Framing Charge in a Case

By K Rajasekharan 16 July 2024Criminal law

The High Court of Kerala (HCK), in Sandeep G v State of Kerala (Vandana Das case), laid down the parameters given below while considering the plea of discharge and framing of charges. The HCK relied upon the Supreme Court (SC) decisions in State of Gujarat v. Dilipsinh Kishorsinh Rao (2023) and Vishnu Kumar Shukla v. State of Uttar Pradesh (2023) in arriving at the decisions.

Muslim Woman Can Seek Maintenance u/s 125 CrPC

By K Rajasekharan 13 July 2024Criminal law, Family, Marriage & Divorce

The Supreme Court (SC) says in a judgement in Mohd. Abdul Samad v State of Telangana & Another [2024 INSC 506] that the Muslim women are eligible for maintenance under Section 125 of the Code of Criminal Procedure (CrPC) and the religion neutral provision is applicable to all married women irrespective of their religion.

Victim’s Right to File an Appeal in a Criminal Case

By K Rajasekharan 31 May 2024Criminal law

A victim can file an appeal in a criminal offence against any judgment or order passed by the court only under three circumstances, such as acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, under Section 372 of the Code of Criminal Procedure, 1972 (CrPC).

Not to do DNA test of Rape Victim’s Children Casually

By K Rajasekharan 30 May 2024Criminal law

The courts shall not entertain application seeking DNA examination of children of victim only after assessing the principle of eminent need and doctrine of proportionality, says Kerala High Court in Suo Motu v State of Kerala [ 2024 (3) KHC 553].

Conviction based on Circumstantial Evidence

By K Rajasekharan 26 May 2024Criminal law

In paragraph 8 of the judgement in Ravinder Kumar v State of NCT of Delhi [2024 INSC 211 ], the Supreme Court (SC) says that the law regarding conviction on the basis of circumstantial evidence is crystallized in Sharada Birdhichand Sarada v State of Maharashtra [ AIR 1984 SC 1622].

Dying declaration u/s 32(1) of the Evidence Act

By K Rajasekharan 26 May 2024Evidence law

A dying declaration is a written or verbal statement made by a person, when he is facing imminent death. The declaration must be as to the cause of the declarant’s death or as to any of the circumstances of the transaction which resulted in his death.

Even if Plaint is withdrawn the Counterclaim will Remain

By K Rajasekharan 25 May 2024Family, Marriage & Divorce

Withdrawal of an Original Petition for divorce, filed by the wife under Section 13(1) (ia) of the Hindu Marriage Act, 1955, does not automatically abate the counterclaim filed by the husband, says the High Court of Allahabad in Ishita Dua v Tarun Kumar Sharma [2024:AHC:79757-DB].