Lawwatch : Legal Resources for Learners

Consent of the Family not essential in Marriage

By K Rajasekharan 25 October 2022Family, Marriage & Divorce

The Supreme Court (SC), however, says if two consenting adult individuals agree to enter into a marriage, the consent of the family or the community or the clan is not necessary. The concern of the individuals has to be given primacy.

Appeal can be Filed in case of no Reply under RTI

By K Rajasekharan 23 October 2022Uncategorized

The failure of the State Public Information Officer (SPIO) of a Public Authority to provide information to the applicant within the specified period of 30 days under Section 7 (1) of the Right to Information Act (RTI) shall be deemed to be a refusal of request. The Section 7(1) of the RTI provides for disposal of the request for information within 30 days of the request by either providing it or rejecting the application.

UGC Regulations have Priority over University Laws: SC

By K Rajasekharan 23 October 2022Constitutional law

The issue whether the UGC Regulations shall prevail over the State legislation/State Act has been answered emphatically by the Supreme Court (SC) once again in Professor (Dr.) Sreejith P.S. v Dr. Rajasree M.S. & Ors. The SC categorically holds the appointment of Vice Chancellors in the state universities should be as per the prevailing UGC Regulations if the regulation is in conflict with the State’s University Act.

Role of the Victim’s Advocate in Criminal Proceedings

By K Rajasekharan 22 October 2022Criminal law

A victim has the right to engage an advocate in the criminal proceedings she is involved in, under the law. The legal provision that empowers her to engage an advocate of his choice to assist the prosecution of criminal case, with due permission of the court is the proviso to Section 24 (8) of the Criminal Procedure Code (CrPC).

Judgement must be Clear, Simple & Comprehensible: SC

By K Rajasekharan 21 October 2022Constitutional law

In State Bank of India and Another v Ajay Kumar Sood, the Supreme Court (SC) set aside the judgement of the High Court of Himachal Pradesh in view of the language of the judgement was incomprehensible and therefore remitted it back to the High Court to rewrite it in an easy-to-understand style.

Reprimand of Student not tantamount to Abetting Suicide

By K Rajasekharan 18 October 2022Abetment of Suicide

The SC held that if a student is simply reprimanded by a teacher for an act of indiscipline and bringing the continued act of indiscipline to the notice of the principal of the institution who conveyed the matter to the parents and if the student who is very emotional or sentimental commits suicide, the teacher cannot be held liable for suicide.

Indian Evidence Act in a Nutshell

By K Rajasekharan 17 October 2022Evidence law

The law of evidence plays a great role in administration of justice. For that it is essential to provide reliable, relevant and admissible evidence to establish the substantive rights of the contesting parties in a court of law. The law makes the job of providing and proving evidence foolproof.

Company is the accused in Company Cheque Cases

By K Rajasekharan 16 October 2022Negotiable Instruments

An authorised signatory of a company or firm will not be liable for prosecution in a cheque case, under section 138 of the Negotiable Instrument Act (NI Act) without the companies arraigned as an accused. This is what the High Court of Kerala says in Velayudhan Pilla S v Chellath Franklin and Another (2021 (1) KLD 753).

Sex between a Male and a Married Woman cannot be Rape

By K Rajasekharan 15 October 2022Criminal law

The High Court of Kerala in its judgement in the case XXX v State of Kerala and Another (2022 (1) KLD 780) said that a married woman, who clearly knows that the person who had sex with him cannot legally marry her when her marriage with another person subsists, cannot accuse the person on the charge of rape for giving false promise to marry.

Law relating to Rectification of an Instrument

By K Rajasekharan 14 October 2022Civil law

The rectification of an instrument is the process of making changes to it. The grounds on which rectification can be sought are fraud and mutual mistake of the parties. Relief of rectification can be sought for contracts or any written instrument.

No extra Allowance for Valuing Answer Scripts of Exams

By K Rajasekharan 10 October 2022Civil law

The teachers of the Colleges in Kerala have no right to get additional payment for evaluating examination answer sheets of students, in addition to their salary and allowances, says the High Court of Kerala in Dr K Sankar v State of Kerala.

To Claim Specific Performance, one must be “ready & willing” to Perform his Part

By K Rajasekharan 10 October 2022Property & Succession

When a person approaches a court for specific performance of an agreement in regard to a sale of immoveable property, the person must have performed or has been ready and willing to perform his obligation as a buyer as part of the agreement, under Section 16 of the Specific Relief Act, 1963 (SRA).