Lawwatch : Legal Resources for Advocates

What a Magistrate can do When he Receives a Complaint?

By K Rajasekharan 29 April 2025Criminal Laws & Procedures1 Comment

On receipt of a written complaint, under Section 2(d) CrPC, a Judicial Magistrate or Special Judge, who is competent to take cognizance of the case, have five options to take, says the High Court of Kerala in Dr. Mathew A. Kuzhalnadan v Pinarayi Vijayan & Others [2025:KER:26809].

SC Directions for Preventing Workplace Sexual Harassment

By K Rajasekharan 28 April 2025Crimes Against Women

On 3rd December 2024, the Supreme Court (SC), in Aureliano Fernandes v The State of Goa, passed comprehensive directions for the effective compliance of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).

Power of Attorney Holder cannot Depose for Principal

By K Rajasekharan 27 April 2025Civil Cases & Proceedures

A Power of Attorney Holder cannot depose for principal in respect of matters of which only principal can have personal knowledge and in respect of which the principal is liable to be cross-examined, says the Supreme Court (SC) in Janki Vashdeo Bhojwani & Anr. v Indusind Bank Ltd. & Ors [AIR 2005 SC 439]. The SC reaffirms the above dictum in Rajesh Kumar v Anand Kumar [2024 INSC 426].

A Party to Suit, Denying the compromise, Cannot Directly Appeal Against Compromise Decree

By K Rajasekharan 26 April 2025Civil Cases & Proceedures

When a party to the suit denies a lawful compromise, the person has to go back to the Trial Court under the proviso to Order XXIII Rule 3 of the Code of Civil Procedure, 1906 ( CPC) and ask that Court to decide whether the compromise is valid, says the Supreme Court (SC) in Sakina Sultanali Sunesara ( Momin) v Shia Imami Ismaili Momin Jamat Samaj & Others [2025 INSC 570].

Ordering CBI Investigation cannot be Challenged by Prospective Accused

By K Rajasekharan 25 April 2025Criminal Laws & Procedures

A direction for an investigation by the CBI issued by a constitutional court is not open to challenge by the prospective suspect or accused, and the matter for entrusting investigation to a particular agency is basically the discretion of the court, says the Supreme Court (SC) in Ramachandraiah & Another v M Manjula & Others [2025 INSC 556].

MACT Compensation will be Directly Credited to Claimant’s Bank Account: SC

By K Rajasekharan 23 April 2025Motor Vehicles Act

The Supreme Court (SC), in Parminder Singh v Honey Goyal & Others, issued directions to ensure direct transfer of motor accident claim compensation to claimants' bank accounts to minimize delays and ensure timely payments.

Exercise of Powers by President or Governor Comes Under Judicial Review

By K Rajasekharan 22 April 2025Constitutional law

Every constitutional authority, howsoever high he or she remains, comes under the powers of judicial review of the constitutional courts. The scope of judicial review may vary, but no power is beyond the purview of the courts, says the Supreme Court (SC) in The State of Tamil Nadu v The Governor of Tamil Nadu [2025 INSC 481].

Investigation by CBI may be Ordered in Exceptional Cases, But not as a Routine Manner

By K Rajasekharan 21 April 2025Criminal Laws & Procedures

The Supreme Court (SC), in a catena of cases, has set some broad guidelines for transferring cases to the CBI. Kerala High Court also says involvement of CBI should be exercised sparingly and only in exceptional circumstances.

Courts & SROs Must Report Cash Transactions Above ₹2 Lakh to Tax Dept: SC Directs

By K Rajasekharan 17 April 2025Banking Law

The Supreme Court directs the Courts and Registration Authorities to report cash transactions exceeding ₹2 lakhs to the Income Tax Department, in a judgement in The Correspondence RBANMS Educational Institution VERSUS B. Gunashekar & Another [2025 INSC 490].