Lawwatch : Resources for Learners

Counter Cases or Cross Cases: Investigation & Trial

By K Rajasekharan 22 November 2024Criminal law

Two different versions of the same incident resulting into two criminal cases are described as “case and counter case” by some High Courts or just “cross cases” by some others, says the High Court of Kerala in Faizal v State of Kerala [2024 (3) KHC 322].

Accused has Right to Access Digital Documents Prosecution Uses

By K Rajasekharan 21 November 2024Criminal law

The accused right to access documents, including digital documents excluding those which affect the privacy of the victim, says the High Court of Kerala in Aji v State of Kerala [2024:KER:83377].

Necessary to Record Evidence in Disciplinary Action

By K Rajasekharan 20 November 2024Civil law

The recording of evidence in a disciplinary proceeding proposing charges of a major punishment is mandatory, the Supreme Court (SC) reiterated in Satyendra Singh v State of Uttar Pradesh & Another.

Guidelines on Service of Summons to Indians residing Outside India

By K Rajasekharan 17 November 2024Property & Succession

In regard to service of summons to Indian residing outside India, a Three Judge Bench of the High Court of Kerala laid down the following conclusions in Charuvila Philipose Sundaran Pillai & Another v P. N. Sivadasan & Other.

Different Categories of Possession of Immoveable Property

By K Rajasekharan 17 November 2024Property & Succession

Possession, in regard to immoveable property, can be classified into ten categories and they are listed with a brief description of each category.

Limitation in Specific Performance starts from Date fixed for the Performance

By K Rajasekharan 17 November 2024Property & Succession

The limitation period for a specific performance suit will run from the date fixed for the performance of the contract but not from the expiry of the validity of the agreement., says the Supreme Court (SC) in Usha Devi & Others v Ram Kumar Singh & Others [2024 INSC 599].

Dishonour of Cheques due to Stop Payment will Fall under 138 NI Act

By K Rajasekharan 13 November 2024Negotiable Instruments

Not only the cases of dishonour of cheques on account of insufficiency of funds or on account of exceeding of arrangement but the cases involving dishonour of cheques on account of "stop payment", "account closed" and "Signature Mismatch" also fall within the ambit of offence under the Section 138 of the Negotiable Instruments Act (NI Act), states the Jammu and Kashmir and Ladakh High Court Mohammad Shafi Wani v Noor Mohammad Khan.

Media Should Publish Nothing that Harms Individual Dignity

By K Rajasekharan 9 November 2024Criminal law

If there arises a conflict between the right of a media to freedom of speech and expression under Article 19(1)(a) of the Constitution, and the right of an individual to his/ her dignity/ reputation that is traceable to Article 21 of the Constitution, the former has to be seen as controlled by the latter, says Kerala High Court in Dejo Kappan V Deccan Herald & Connected Cases [2024:KER:82715].

Distinction between Cheating & Breach of Trust

By K Rajasekharan 9 November 2024Criminal law

Cheating is different from breach of trust: There is a distinction between cheating and criminal breach of trust, says the Supreme Court in Delhi Race Club (1940) Ltd. & Others v State of Uttar Pradesh & Another [2024 INSC 626].

Selection Rules not to be Changed Midway in Recruitment : SC

By K Rajasekharan 8 November 2024Constitutional law

Eligibility criteria for the selection process notified at the commencement of the recruitment process cannot be changed midway during the recruitment process unless the extant rules so permit, says the Constitutional Bench of the Supreme Court in Tej Prakash Pathak & Others v Rajasthan High Court & Others [2024 INSC 847].

Capturing a Woman’s Picture in Public is not Voyeurism

By K Rajasekharan 6 November 2024Criminal law

Kerala High Court, in Ajith Pillai v State of Kerala [2024:KER:78155], says taking a woman's photos while she was standing in front of her house without any secrecy will not attract the offence of voyeurism and the offence is attracted only upon watching or capturing images of a woman engaging in a 'private act' as mentioned under Section 354C of Indian Penal Code (IPC).

Husband cannot Pledge Wife’s Gold without her Consent

By K Rajasekharan 5 November 2024Family, Marriage & Divorce

Husband was found guilty of criminal breach of trust under Section 406 of Indian Penal Code (IPC) for pledging his wife's gold, without her consent by the High Court of Kerala in Surendra Kumar v State of Kerala [2024: KER:76979 ].