Lawwatch : Legal Resources for Aspiring Advocates

Maintenance u/s 125 CrPC is basically a Civil Proceeding

By K Rajasekharan 14 January 2025Criminal Laws & Procedures, Matrimonial and Maintenance Cases

Maintenance proceedings under Section 125 of the Code of Criminal Proceedings (CrPC) are essentially civil in nature and should not be equated with criminal proceedings merely because they involve a penal consequence, says the SC in Rina Kumari @ Rina Devi @ Reena v Dinesh Kumar Mahto @ Dinesh Kumar Mahato & Another [2025 INSC 55].

Every SC Judgement not binding on Lower Courts: SC

By K Rajasekharan 14 January 2025Criminal Laws & Procedures

Every judgment is not meant to be a binding precedent, says the Supreme Court (SC) in NBCC (India) ltd. v The State of West Bengal & Others [2025 INSC 54].

Mere Mentioning of an Incorrect Provision of Law is not Fatal

By K Rajasekharan 13 January 2025Criminal Laws & Procedures

The Supreme Court (SC) in Pruthvirajsinh N Jadeja(D) By Lrs. v Jayeshkumar Chhakaddasm Shah [2019 (9) SCC 533], says that it is a well settled law that mere mentioning of an incorrect provision is not fatal to the application if the power to pass such an order is available with the court.

Non-Recovery of Weapon not Fatal in Conviction

By K Rajasekharan 12 January 2025Criminal Laws & Procedures

Non-recovery of weapon used in the commission of the offence is of no consequences at all when the circumstances in the case established beyond doubt that it was the accused who caused the death of the victim, despite no recovery of weapon, says the High Court of Kerala in Satheesh Babu v State of Kerala [2023:KER:78326].

Limitation in a Suit for Cancellation Starts from the Date of Knowledge, not the Date of Registration

By K Rajasekharan 11 January 2025Civil Cases & Proceedures

The limitation in a suit for cancellation of an alleged registered sale deed arises from the date of knowledge but not the date of registration of the sale deed, says the Supreme Court (SC) in Daliben Valjibhai & Others v Prajapati Kodarbhai Kachrabhai & Another [ 2024 INSC 1049].

Compensation for Land Acquisition under 2013 Act

By K Rajasekharan 11 January 2025Civil Cases & Proceedures

The High Court of Kerala discusses the method of determination of market value of a land slated for acquisition under Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act), and the award of additional market value for structures under Section 30(3) in State of Kerala v V. J. Mathew S/o Varkey Joseph [2024 3 KHC 413].

Women should not misuse Laws meant for their Protection: SC

By K Rajasekharan 7 January 2025Crimes Against Women

The provisions in the criminal law, which are meant for the protection and empowerment of women, are sometimes being used by certain women more for purposes that they are never meant for, says the Supreme Court (SC) in Rinku Baheti v Sandesh Sharda [2024 INSC 1014].

Criminal Proceedings can be Quashed under Article 226

By K Rajasekharan 7 January 2025Criminal Laws & Procedures

Normally, quashing of criminal proceedings would be sought and done in exercise of the inherent power of the High Court under Section 482 Code of Criminal Procedure Code, 1973 (CrPC). But, that does not mean that it could not be done in invocation of the extraordinary power under Article 226 of the Constitution of India, says the Supreme Court ( SC) in Kim Wansoo v State of Uttar Pradesh & Others [2025 INSC 8].

Registrar of Cooperative Socieities can Collect & Provide Information under RTI Act

By K Rajasekharan 6 January 2025Civil Cases & Proceedures

If the Registrar of Co-operative Societies has access to the information requested by an applicant under the Right To Information Act (RTI Act), and if the information is not exempt from disclosure under Section 8(1) of the Act, the official is obligated to provide that requested information to the applicant in The Muppathadam Service Co-Operative Bank Ltd. V The State Chief Information Commissioner [2024:KER:90020].

Void Instruments Need not be Cancelled

By K Rajasekharan 5 January 2025Civil Cases & Proceedures

A void instrument need not be cancelled as such a document is non-existing (non est or null) in the eye of law but voidable written instrument can and need to be cancelled by filing a suit, says the Supreme Court (SC) in Prem Singh & Others v Birbal & Others [AIR 2006 SC 3608].