Lawwatch : Legal Resources for Learners

Law on Co-owner selling his Undivided Share

By K Rajasekharan 22 November 2021Civil law, Property & Succession

A co-owner in a joint property can sell his undivided share of property to anyone. But he cannot sell the specific piece of land with marked boundaries from the joint property. A selling of a share of property by co-owner in essence means the buyer steps into the shoes of his seller. The buyer is clothed with all the rights and liabilities of his transferor. So, the buyer becomes as much a co-owner as his transferor was before the property transfer.

Legality of a Person’s Will in regard to his Dead Body

By K Rajasekharan 21 November 2021Civil law, Property & Succession

Dead men are no longer persons in the eye of the law. They are devoid of much rights and no sort of liabilities. They no longer remain as the owners of their property even till their successors enter upon to take care of their inheritance. They have inheritable and uninheritable rights. Personal rights are uninheritable and they are wholly extinguished by his death. Proprietary rights on the other hand are usually inheritable. The successors step in as owners of his property at the moment he dies.

Conviction on the sole Testimony of the Victim

By K Rajasekharan 19 November 2021Criminal law

The legal position regarding the conviction on sole testimony of prosecutrix even without any corroboration is now well settled. In a large number of cases, the accused was convicted on the sole testimony of the prosecutrix without any corroboration.

Trial in India for an Offence Committed Outside

By K Rajasekharan 18 November 2021Criminal law

The criminal courts in India can conduct trial against an Indian citizen for the offences he has committed outside India but the trial cannot commence without previous sanction of the Central Government under Section 3 and 4 of the Indian Penal Code, 1860 (IPC) and Section 188 of the Code of Criminal Procedure, 1973 (CrPC).

Suit against Public Nuisance u/s 91 CPC

By K Rajasekharan 17 November 2021Civil law

When a public nuisance or other wrongful act affecting or likely to affect the public occurs, two or more persons or the Advocate General can file a suit for a declaration and injunction or for such other appropriate relief in a civil court, after obtaining leave of the court, under Section 91 of the Civil Procedure Code, 1908 (CPC).

Termination for hiding facts during Selection

By K Rajasekharan 14 November 2021Civil law, Constitutional law

In Avtar Singh v Union of India & Ors delivered on 21 July, 2016, a three-judge bench of the Supreme Court (SC) considered various decisions on the question of suppression of information or submitting false information in the verification form as to the question of having been criminally prosecuted, arrested or as to pendency of a criminal case. In the judgement the SC resolved the conflict of opinion in the various earlier decisions of its Division Benches and arrived at some guidelines in deciding such issues.

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.