Lawwatch : Resources for Learners

Trust in India : Its legal Framework

By K Rajasekharan 10 November 2021Civil law, Property & Succession

Trust is the asset or property entrusted by the Settler (the author of the trust) to the Trustees who manages it for the benefit of the beneficiaries of the Trust. In other words, the Settler entrusts the property to the Trustees for the beneficiaries in a Trust.

Kerala Headload Workers Act not applicable to Domestic Purposes

By K Rajasekharan 9 November 2021Civil law

The Kerala Headload Workers Act is not applicable to engagement of a person by an individual for domestic purposes. It is applicable to engagement or employment of persons directly or through a contractor in or for an establishment, whether for wages or not, for loading or unloading or carrying on head or person or in a trolly any article or articles in or from or to a vehicle or any place in such establishment, and includes any person not employed by any employer or contractor but engaged in the loading or unloading or carrying on head or person or in a trolly any article or articles for wages.

Adoption in India: Its Laws & Procedures

By K Rajasekharan 7 November 2021Family, Marriage & Divorce

Adoption is a legal process of giving and taking of child to a non-biological parent. It is a process that creates a parent - child relation between persons who are not related by blood. The purpose of adoption is to provide a child, who cannot be cared for by his biological parents, the care of a substitute family. The adoptive family of the child has the responsibility to provide him proper care and protection of a family. An adopted child is entitled to all privileges similar to that of a natural-born child, including the right to inherit, in the new family.

Accused can Get the Documents not Part of the Charge Sheet

By K Rajasekharan 6 November 2021Criminal law

The documents which are not part of the charge sheet, but seized by the investigating agency during the investigation of the offence, cannot be withheld by the prosecution merely on the ground that the documents sought to be summoned are not part of the charge sheet, the Gujarat High Court held in a revision application in Sanjiv Rajendra Bhat v State of Gujarat.

Registration of a Will after Testator’s Death

By K Rajasekharan 3 November 2021Property & Succession

A Will prepared by a testator can be registered even after the death of the testator. The Section 40(1) of the Registration Act, 1908 makes it possible. The Section states that the Will may be presented for registration by the testator or after his death, by any person claiming to be his executor or otherwise under the Will.

Appeal by Complainant in case of Acquittal

By K Rajasekharan 22 September 2021Criminal law

Appeal against an order of acquittal is an extra ordinary remedy. It would put the already exonerated accused once again under shade of suspicion and troubles. Therefore, some restrictions are there in the appeal provisions.

Maintenance for Wife, Children & Parents u/s 125 CrPC

By K Rajasekharan 19 September 2021Criminal law, Family, Marriage & Divorce

Wife, children and parents are eligible to claim maintenance in the form of monthly rate under Section 125 of the Criminal Procedure Code, 1973 (CrPC). To claim maintenance, a wife, child or Parent will have to file an application before the Magistrate. The Magistrate will grant such maintenance as he thinks fit.

Filing false Declaration may end up in loosing Job

By K Rajasekharan 18 September 2021Uncategorized

An employee who made a false declaration and/or suppressed the material fact of his involvement in a criminal case shall not be entitled to an appointment or to continue in service as a matter of right, says the Supreme Court.

How can a Hindu Marry a non-Hindu?

By K Rajasekharan 17 September 2021Family, Marriage & Divorce

A person belonging to Hindu religion can marry a person belonging to the Hindu religion only Under Hindu marriage Act, 1955 (HMA). The HMA is applicable to persons belonging to the Hindu, Budhist, Jaina, or Sikh religion but not applicable to a Muslim or Christian. But under Special Marriage Act, 1954 (SMA) allows a Hindu person marrying a non-Hindu person such as a Christian or Muslim. It is called as Special Marriage.

Custody of the Child & Its Legal aspects

By K Rajasekharan 15 September 2021Family, Marriage & Divorce

Custody of the child turns into a hotly disputed issue in almost every proceeding for divorce or judicial separation. Child custody refers to the process of controlling, caring and maintenance of the child in respect to its education, development, and medical, emotional, & physical wellbeing.

Police not to use Disrespectful Words to Citizens

By K Rajasekharan 11 September 2021Criminal law

Use of disrespectful words like “Eda”, “Edi” and “Nee” to address citizens is impermissible, the High Court of Kerala says in an order issued on 3rd September 2021 in Anil J S v State of Kerala by Justice Devan Ramachandran.

Land Tax Record Confers no Title of the Land

By K Rajasekharan 9 September 2021Property & Succession

Mutation is the last event in the transfer of property from one person to another. Execution of the transfer deed and its registration are the two events that take place normally before the event of mutation. Mutation indicates the change of the name of the land holder for the purpose of making payment of land tax to the government. Mutation happens on three occasions: when a sale takes place, when an owner dies with a Will, or when an owner dies intestate without leaving a Will.