Lawwatch : Legal Resources for Advocates

Discharge or Framing of Charge in a Warrant Case: The Essential Principles to be Followed

By K Rajasekharan 19 March 2025Code of Criminal Procedures (CrPC)

The Sections 239 and 240 of the Code of Criminal Procedure (CrPC) deal with discharge and framing of charge. The discharge of the accused arises when "the Magistrate considers the charge against the accused to be groundless.”

Not to Register a Criminal Case against a Teacher Relating to School Discipline without a Preliminary Probe

By K Rajasekharan 16 March 2025Civil Cases & Proceedures

A preliminary inquiry must be conducted before registering a criminal case against a teacher for any bonafide act done in the school to discipline their students and the accused teacher should not be arrested during the preliminary enquiry. Such an enquiry is essential to ensure that teachers are not unfairly targeted, says the High Court of Kerala (HCK) in Sibin SV v State of Kerala [2025: KER:20847].

Demand & Acceptance Should be Proved to Convict Anyone for Bribery

By K Rajasekharan 14 March 2025Code of Criminal Procedures (CrPC), Prevention of Corruption Act

When the prosecution failed to prove the factum of demand and acceptance of bribe, two government employees accused of demanding and accepting bribe were acquitted and that is what happened in Madan Lal v State of Rajasthan [2025 INSC 340].

Proposed Enhancement of Court Fee in Kerala from 1st April 2025

By K Rajasekharan 13 March 2025Civil Cases & Proceedures

Proposed Enhancement of Court Fee in Kerala from 1st April 2025. The enhanced amount of court fee proposed to be enforced from 1st April 2005 in Kerala state as per the budget proposals for the current financial year would be as provided on the page.

Legal Representative under M V Act is the One Who Suffers Loss

By K Rajasekharan 13 March 2025Motor Vehicles Act

A legal representative under M V Act A legal representative is one, who suffers on account of death of a person due to a motor vehicle accident and need not…

Not to Reject Permission for Human Organ Transplantation Without Cogent Evidence

By K Rajasekharan 12 March 2025Civil Cases & Proceedures

The permission to donate human organs cannot be rejected by the Authorization Committee unless there is cogent material to establish a commercial element, says the High Court of Kerala in Uvais Muhammad K.C. & Another v State of Kerala & Another [2025: KER:195].

Sexual Harassment Complaint by a Lady Need not be Treated as Gospel Truth

By K Rajasekharan 9 March 2025Code of Criminal Procedures (CrPC)

The High Court of Kerala (HCK), in Noushad K v State of Kerala and Another [2025:KER:16338], says merely because the complainant is a lady, there is no presumption that her version is the gospel truth. Nowadays, there has been a tendency to make serious allegations of sexual assault against innocent people.

Motor Vehicle Accident Compensation for A Minor

By K Rajasekharan 8 March 2025Motor Vehicles Act

The notional income of a minor aged 5 years in a motor accident claim should be fixed based on the minimum wages for skilled workers as per the state notification for Kerala, as per GO (P) No 56 /2017 Fin dated 28/4/2017 as the Second Schedule has been omitted, says the Kerala High Court in Master Jyotish Raj Krishna @ Jyothi Krishna v Sunny George & Others [ 2024:KER:87009].

A Suicide Note is Insufficient to Convict an Accused for Abetment of Suicide

By K Rajasekharan 8 March 2025Abetment of Suicide

A suicide note alone is not sufficient to establish abetment unless it is corroborated by other evidence, says the Supreme Court (SC) in Patel Babubhai Manohardas & Others v State of Gujarat [ 2025 INSC 322].

In a Case for Return of Gold, the Wife has Initial Duty to Prove Entrustment

By K Rajasekharan 7 March 2025Family, Marriage & Divorce

In a claim for return of gold ornaments and money, the wife has to initially prove the entrustment. Mere assertions, without any trace of evidence, are not sufficient to grant a decree by the family court, says the High Court of Kerala (HCK) in Mohandas v Sunitha Mohandas [2024:KER:81527].