Lawwatch : Legal Resources for Aspiring Advocates

Well-Reasoned Delay in Filing FIR Not Fatal for Prosecution, But Unexplained Delay Becomes Fatal

By K Rajasekharan 11 December 2025Criminal law

In Hariprasad @ Kishan Sahu v. State of Chhattisgarh [2023 INSC 986], the Supreme Court categorically stated that merely because there is some delay in lodging an FIR, it by itself ought not to be regarded by the courts in all cases as fatal to the prosecution.

Cheque Dishonour Case Must be Filed at the Place of the Payee’s Home Branch

By K Rajasekharan 30 November 2025Negotiable Instruments

Complaints relating to dishonour of account payee cheques under Section 138 of the Negotiable Instruments Act must be instituted only before the court that has jurisdiction over the branch of the bank where the payee maintains their account ( the home branch of the payee), observed the Supreme court in Jai Balaji Industries Ltd. and Ors. v. M/s HEG Ltd [2025 INSC 1362].

Unmarried Hindu Daughter Attained Majority Has Right to Claim Maintenance

By K Rajasekharan 29 November 2025Family, Marriage & Divorce, Maintenance in Family Cases

The Section 20 the Hindu Adoptions and Maintenance Act, 1956 casts a statutory obligation on a Hindu father to maintain his daughter, who is unmarried and unable to maintain herself out of her own earnings or other property, the High Court of Kerala observed in Gireesh Kumar. N v. Rajani K.V. & Anr.

In Virtual Witness Examination, Prior Statements Must Be Electronically Transmitted: SC

By K Rajasekharan 18 November 2025Criminal law2 Comments

In Raj Kumar @ Bheema vs State of NCT of Delhi [2025 INSC 1322], the Supreme Court issued a binding directive that in all proceedings where a witness is examined via video conferencing, the trial court must ensure the electronic transmission of the witness's prior statements to them.

First Wife Must Be Heard Before Muslim Husband’s Second Marriage Can Be Registered

By K Rajasekharan 14 November 2025Family, Marriage & Divorce

The first wife must be given notice and an opportunity to be heard when her husband seeks to register a second marriage under the Kerala Registration of Marriages (Common) Rules, 2008, the Kerala High Court observed in Muhammad Shareef C & Another v. State of Kerala & Another. [2025: KER:82441].

A Tenant Who Possesses Premises Under a Rent Deed Cannot Later Dispute the Landlord’s Title

By K Rajasekharan 13 November 2025Rent Control & Lease

A tenant who came into possession of a rented property through a rent deed executed by a landlord cannot later turn around and challenge the landlord's title, the Supreme Court observed in Jyoti Sharma v. Vishnu Goyal [2025 INSC 1099].

Refusal to Marry Does Not Constitute the Offence of Abetment to Suicide

By K Rajasekharan 7 November 2025Criminal law

The Supreme Court ruled in the case of Yadwinder Singh @Sunny vs State Of Punjab that simply refusing to marry someone, even if true, does not constitute "instigation" under Section 107 of the Indian Penal Code (IPC). Abetment to suicide means encouraging, helping, or forcing someone to kill himself/herself.

If a Complaint Discloses an Offence Magistrate Can Direct Registration of FIR

By K Rajasekharan 6 November 2025Uncategorized

In Sadiq B. Hanchinmani v. The State Of Karnataka [2025 INSC 1282], the Supreme Court observed that once the facts alleged in the complaint disclose the commission of an offence,…

A Woman Contracting a Second Marriage Cannot be Treated as Wife

By K Rajasekharan 4 November 2025Family, Marriage & Divorce

In Kizhakkayi Dasan v. Kuniyil Cheerootty and Another [2025:KER:72048], the High Court of Kerala observed that a woman who contracts a subsequent marriage with a man during the subsistence of her earlier marriage cannot be regarded as a ‘wife’ within the meaning of Section 125 of the Code of Criminal Procedure.

In a Cheque Case, the Court Presumes that the Cheque is issued against a Liability

By K Rajasekharan 4 November 2025Negotiable Instruments

In Rangappa v. Sri Mohan [AIR 2010 SC 1898], the Supreme Court ruled that under Section 139 of the Negotiable Instruments Act (NI Act), if the accused admits his signature on the cheque, the court must presume the existence of a legally valid debt or obligation.