Lawwatch : Legal Resources for Learners

To convict for Bigamy, the second Marriage should be Valid

By K Rajasekharan 15 January 2023Criminal law, Family, Marriage & Divorce

In order to convict a person on the charge of bigamy, the second marriage performed must be with the ceremonies required for solemnization of marriage as per the Section 7 of the Hindu Marriage Act, 1955 (HMA), the High Court of Kerala says in Rajagopalan Nair v State of Kerala.

Demand of Bribe to be Proved in Bribery Case u/s 7 PCA

By K Rajasekharan 12 January 2023Criminal law

The Supreme Court (SC) declares, in a Constitutional Bench decision in Neeraj Dutta v State ( Govt of NCT, New Delhi) [2023(1) KLD 1 (SC), that the proof of demand and acceptance of illegal gratification by a Public Servant is a sine qua non to establish the guilt under Section 7 & 13(1) (d) (i) of the PCA.

Customer in a Brothel within notified area can be Punished

By K Rajasekharan 9 January 2023Criminal law

A customer, who comes for engaging in sex in a brothel which is functioning in a notified as prohibited area, can be proceeded criminally and punished under Section 7 of the Immortal Traffic (prevention) Act, 1956 (IT Act), says Kerala High Court in Mathew v State of Kerala [ 2022(7) KHC 515].

Inspection of Crime Site by Magistrate not to Collect Evidence

By K Rajasekharan 1 January 2023Criminal law

A criminal court, suo motu or by application of a party, can inspect a place where crime has occurred during the course of trial, enquiry or other proceedings under Section 310 of the Criminal Procedure Code, 1973 (CrPC).

Conclusive Proof of having Consumed Alcohol

By K Rajasekharan 31 December 2022Criminal law

The conclusive test to prove whether a person consumed alcohol or not is the Alco Meter Test or Blood Analysis Test. The evidence of smell of alcohol present in breath is not a conclusive proof, says Kerala High Court in Biju @ Gopi v State.

Maintenance to Wife who Voluntarily left Husband

By K Rajasekharan 28 December 2022Family, Marriage & Divorce

A wife, who leaves the husband voluntarily due her inability to stay in the matrimonial house, is eligible to get maintenance from her husband. This is what Kerala High Court states in Arun v Reshma, a revision petition filed under Section 19(4) of the Family Courts Act.

Overseas Citizenship of India: What it is?

By K Rajasekharan 26 December 2022Constitutional law

India introduced the Overseas Citizenship of India (OCI) Scheme by amending the Citizenship Act, 1955 in August 2005. The Scheme provides for registration as Overseas Citizen of India. A registered Overseas Citizen of India is granted multiple entry, multipurpose, life-long visa for visiting India.

Right to Buy Property in India by Non-residents

By K Rajasekharan 18 December 2022Property & Succession

The foreign nationals residing outside India are not eligible to buy properties in India whereas the foreign citizen who is residing in India can buy a property in India without a need for approval from Reserve Bank of India (RBI). Foreign nationals of non-Indian origin resident in India (except those from Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, Bhutan, Macau, Hong Kong or Democratic People’s Republic of Korea (DPRK) can acquire immovable property in India.

No FIR to be Registered against Juveniles

By K Rajasekharan 17 December 2022Criminal law

No FIR shall be registered in respect of any serious or petty offence committed by juveniles, states the High Court of Kerala in Don Biju Mathew v Sub Inspector of Police, Kuravilangadu and Another.

Encroachment on Roads Impermissible in Law

By K Rajasekharan 8 December 2022Motor Vehicles Act

In S. Rajaseekaran v Union of India [(2018) 13 SCC 516] the SC held that all States and Union Territories are expected to implement the National Road Safety Policy with all due earnestness and seriousness. In Suo motu v State of Kerala [2022 (7) KHC 185 (DB)], the HCK has issued similar directions to the authorities in the context of Sabarimala season. The judgement reminds the state government to implement the National Road Safety Policy with due earnestness and seriousness as the Supreme court had said in the above said S. Rajaseekaran judgement.

Cancellation of Gift Deed under Senior Citizens Act

By K Rajasekharan 7 December 2022Property & Succession

The transfer of property by a senior citizen by way of gift or otherwise can be declared void under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens act 2007 (Senior Citizens Act), only when it includes a condition of providing the basic amenities and basic physical needs to him/her, the Supreme Court (SC) has held in Sudesh Chhikara vs Ramti Devi.

Trial Court can Initiate Final Decree Partition Proceedings

By K Rajasekharan 4 December 2022Property & Succession

In partition cases, the Supreme Court (SC) says that the trial court can suo motu initiate final decree proceedings, after drawing up the preliminary decree henceforth. This would bridge the inordinate delay between preliminary decree and final decree in many cases.