Lawwatch : Legal Resources for Advocates

Non-compliance of 52A of NDPS would not Vitiate the Trial

By K Rajasekharan 21 January 2025Criminal Laws & Procedures

Any lapse or delay in compliance of Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) would neither vitiate the trial nor would entitle the accused to be released on bail, the Supreme Court (SC) says in Narcotics Control Bureau v Kashif [2024 INSC 1045].

Death Penalty would be Imposed in the Rarest of Rare Cases

By K Rajasekharan 19 January 2025Criminal Laws & Procedures

Public outcry for imposing death penalty in every case of murder, such as Sharon Raj murder case, is quite common nowadays. But the law says that the imposition of death penalty should be awarded only in the rarest of rare cases of exceptional nature.

Land Acquisition under the NH Act 1956

By K Rajasekharan 17 January 2025Civil Cases & Proceedures

In land acquisition under the National Highways Act, 1956 ( NH Act), the First Schedule of the Right to Fair Compensation in Land Acquisition, Rehabilitation and Resettlement Act 2013 (2013 Act) and its relevant sections are squarely applicable since 1-1-2015, based on a notification under Section 105 (3) of the 2013 Act.

Referring to Woman’s Body Structure as “fine” Constitutes Sexual Harassment

By K Rajasekharan 14 January 2025Criminal Laws & Procedures

The Kerala High Court declined to quash the FIR stating that the accused has made sexually coloured remarks and overtures and commented that the body structure of the complainant was “fine” followed by sending messages with sexual overtures to the complainant in R. Ramachandran Nair v State of Kerala & Others [2025: KER:356]

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].