Lawwatch : Legal Resources for Advocates

Ordering CBI Investigation cannot be Challenged by Prospective Accused

By K Rajasekharan 25 April 2025Code of Criminal Procedures (CrPC)

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 2025Code of Criminal Procedures (CrPC)

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].

Cancellation of Registered Documents in Kerala by IG of Registration

By K Rajasekharan 16 April 2025Civil Cases & Proceedures

If someone has falsely personated another, and got registered by a registration officer any deed, which is detrimental to the interest of another person, the registration of such deed can be cancelled by the Inspector General of Registration (IG of Registration) in Kerala, under Section 83 A of the Registration Act, 1908.

Medical Negligence & the Law Relating to It

By K Rajasekharan 16 April 2025Civil Cases & Proceedures

Simply because the patient has not responded favourably to the surgery or the treatment administered by a doctor or that the surgery has failed, the doctor cannot be held liable for medical negligence straightway by applying the doctrine of Res Ipsa Loquitor unless it is established by evidence that the doctor failed. to exercise the due skill possessed by him in discharging of his duties.

Wife can Claim Maintenance Despite having Compromise Agreement

By K Rajasekharan 15 April 2025Family, Marriage & Divorce, Matrimonial and Maintenance Cases

The Kerala High Court in xxx v yyy 2nd February 2023 says a wife is eligible for maintenance under Section 125 of CrPC even if there is an agreement by which a wife waives her right of maintenance. This is because such an agreement is against public policy. Therefore, such an agreement is ab initio void and not enforceable.

An Adult Son has no Right in Living Parent’s Self Acquired Property

By K Rajasekharan 14 April 2025Property & Succession

A legal heir, such as the wife, son daughter etc, has no right in the self-acquired property of any of his/her parents so long as they are alive. The owner of the self-acquired property can dispose of the self-acquired property in any manner he wishes to do.

Civil Miscellaneous Appeal (CMA) or an Appeal from an Interlocutory Order

By K Rajasekharan 14 April 2025Civil Cases & Proceedures

The Section 104 of the Code of Civil Procedure (CPC) and the Order 43 of the CPC enlists the orders against which appeal can be filed. No other order other than those expressly provided in the above provisions in the CPC can be appealed against before a higher court.