Lawwatch : Legal Resources for Aspiring Advocates

OP under Article 227 impermissible Against Appellate Order in Domestic Violence case

By K Rajasekharan 5 December 2024Crimes Against Women

An Original Petition (OP) under Article 227 of the Constitution is not possible against an appellate order issued by the Court of Session under Section 29 of the Protection of Women from Domestic Violence Act (DV Act), but what is possible is a Criminal Revision Petition under Section 397 of the Code of Criminal Procedure (CrPC) as stated in Kunjumon C K v State of Kerala [ 2024 (6) KHC 45].

Children of a Void Marriage entitled for Inheritance under HMA

By K Rajasekharan 3 December 2024Property & Succession

Even if the second marriage of a Hindu under Hindu Marriage Act is held to be void, the children born out of the void wedlock are also entitled for terminal benefits of the deceased, says Kerala High Court in Anita v Kerala State Civil Supplies Corporation Ltd.

Stopping Payment amounts to Offence u/s 138 NI Act

By K Rajasekharan 3 December 2024Negotiable Instruments

It is well settled that an offence of dishonour of cheque under Negotiable instruments Act 1882 will be attracted even if the cheque was dishonoured for the reason “payment stopped” by the drawer, says the Kerala High Court of Kerala in para 21 of the judgement in Minerals India Private limited v P K Raju [ 2024:KER:71854].

Medical Negligence means the Patient does not Get Due Care

By K Rajasekharan 3 December 2024Uncategorized

A medical doctor may be held liable for medical negligence when he is not possessed with the qualification or skill or when he fails to exercise reasonable skill which he processes in giving treatment, says the Supreme Court ( SC) in Neeraj Sud & Another v Jaswinder Singh ( Minor) & Another [2024 INSC 825].

Charge Sheet & Allied Documents alone be Used in Discharge

By K Rajasekharan 1 December 2024Criminal law

While considering discharge of an accused, the documents which form part of the charge sheet alone can be used, but not the ones which were never part of it, says the Supreme Court (SC) in Rajnish Kumar Biswakarma v State of NCT of Delhi & Another.

Mere Refusal to Marry not amount to Abetment of Suicide

By K Rajasekharan 1 December 2024Abetment of Suicide

A person’s simple refusal to marry a lady would not amount to instigation to commit suicide, says the Supreme Court (SC) in Kamaruddin Dastagir v State of Karnataka [2024 INSC 908]. The broken relationships, while emotionally difficult, do not necessarily amount to abetment of suicide unless there is evidence of intent to commit a criminal act.

Attachment & Sale of a Property in Execution of a Decree

By K Rajasekharan 27 November 2024Civil law, Property & Succession

One of the modes of execution of a decree of a civil court is either by attachment and sale, or by sale without attachment, of any property. The provisions relating to sale of property in an execution proceeding are Sections 65 to 73, and the Rules 64 to 94 of the Order 21, of the Civil Procedure Code, 1908 (CPC). The Chapter VIII of the Civil Rules of Practice Kerala state the procedural matters relating to execution. The provisions cover both movable and immovable properties.

Grounds on which Gift can be Revoked

By K Rajasekharan 26 November 2024Property & Succession

A valid gift, which cannot normally be revoked, can be revoked under specified eventualities enumerated in Section 126 of the Transfer of Property Act 1882, says the Supreme Court (SC) in Tajuddin v Tamil Nadu Khadi and Village Industries Board (2024 (6) KLT SN 14 SC].

Compassionate Appointment: Not a Vested Right

By K Rajasekharan 25 November 2024Constitutional law

Compassionate appointment is not a vested right. A claim for compassionate appointment by the dependent of the deceased employee may not be entertained after a lapse of a considerable period since the death, says the Supreme Court (SC) in State of West Bengal v Debabrata Tiwari & Ors.