Lawwatch : Legal Resources for Learners

Prolonged Cohabitation Can Be Presumed as Marriage : Supreme Court

By K Rajasekharan 30 October 2025Family, Marriage & Divorce

The Supreme Court, in Chowdamma (D) by LR and Another Versus Venkatappa (D) by LRs and Another (2025 INSC 1038), states that when a man and woman live together as husband and wife for a prolonged period, the law presumes a valid marriage in such a case.

Grounds for Review of a Judgment: Supreme Court Explains

By K Rajasekharan 30 October 2025Civil law

In Malleeswari v. K Suguna & Another [2025 INSC 1080], the Supreme Court summed up the limited grounds for Review of a judgment permissible under Section 114 of the Code of Civil Procedure (CPC)

Judgment Cannot be Based on Grounds beyond the Pleadings

By K Rajasekharan 30 October 2025Civil law

The Supreme Court in Deep Nursing Home v. Manmeet Singh Mattewal (2025 INSC 1094) reiterated that the judgment in a case cannot go beyond the pleadings.

Interim Release of Vehicle Seized under NDPS Case Possible under 451/457 CrPC

By K Rajasekharan 28 October 2025Criminal law

The Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”) does not prohibit interim release of vehicles, which are seized for allegedly transporting contraband, under Sections 451 and 457 of the Code of Criminal Procedure, 1973 (CrPC), observed the Supreme Court in Bishwajit Dey v. State of Assam [2025 INSC 32].

Persons Seeking Sex from a Brothel Can be Punished

By K Rajasekharan 26 October 2025Criminal law

Any person availing the services of a sex worker in a brothel is liable to be prosecuted for the offence under Section 5 (1) (d) of the Immoral Traffic (Prevention)…

Items of Motor Vehicle Compensation Permissible in Simple Injury Cases

By K Rajasekharan 20 October 2025Motor Vehicles Act

In simple personal injury cases, the compensation will be awarded only for expenses relating to treatment etc, loss of earnings, and damages for pain and suffering.

Court Can Declare Civil Death of a Person Missing for Seven Years

By K Rajasekharan 20 October 2025Uncategorized

A civil court can declare a person legally dead if they have not been heard from for seven years, based on Section 108 of the Indian Evidence Act, 1872. This is typically done when a legal heir files a civil suit for a declaration of presumed death to settle matters like inheritance, remarriage, or insurance.

Joint or Separate Trial for Same Transaction? SC Clarifies

By K Rajasekharan 17 October 2025Criminal law

In Mamman Khan v. State of Haryana [2025 INSC 1113], the Supreme Court clarified the principles governing whether multiple accused involved in offences arising from the same transaction should face…

School’s Right to Enforce Uniform Prevails Over Individual Religious Dress Choices

By K Rajasekharan 16 October 2025Constitutional law

In Fathima Thasneem v. State of Kerala [2018: KER:65441], the Kerala High Court held that the collective right of an educational institution to enforce a uniform dress code for discipline and equality overrides a student's individual right to wear religious attire, such as a hijab (headscarf) and full-sleeved shirts.

A Court Cannot Compel a Penniless Husband to Pay Maintenance

By K Rajasekharan 14 October 2025Family, Marriage & Divorce, Maintenance in Family Cases

A court cannot legally compel an indigent person (a person lacking means) to pay maintenance, as the legal obligation to pay is predicated upon the ability to pay. This was the core observation of the High Court of Kerala in the case of Jubairiya vs. Saidalavi N [2025: KER: 68937].

Statutory E-Summons Service Introduced in Kerala Criminal Cases

By K Rajasekharan 13 October 2025Criminal law

under the new Kerala Procedure for Service of Summons Rules, 2025, framed under Section 64 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the police can serve summons directly or via electronic methods (Email, WhatsApp, or Telegram) upon receipt at the police station.

Ascertaining Admitted Rent Arrears Under the Rent Control Act in Kerala

By K Rajasekharan 12 October 2025Rent Control & Lease

Under the Kerala Buildings (Lease & Rent Control) Act, 1965, a landlord can seek an intermediate order from the Rent Control Court directing a tenant to deposit all "admitted arrears of rent" under Section 12. This is a powerful summary remedy, but its application hinges on how a court determines what rent is "admitted" without conducting a full trial.