Lawwatch : Legal Resources for Advocates

In DV Act, the Party need not be Personally Present

By K Rajasekharan 4 March 2025Crimes Against Women

The proceedings under the Protection of Women from Domestic Violence Act, 2005 (DV Act) is basically civil in nature. Therefore there is no requirement for a party to be personally present as such proceedings are quasi-criminal in nature, says the SC in Vishal Shah v Monalisha Gupta & Others.

No Deemed Sanction u/s 197 CrPC but it is there under BNSS

By K Rajasekharan 27 February 2025Code of Criminal Procedures (CrPC)

BNSS has the concept of deemed sanction The Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), unlike the Code of Criminal Procedure, 1973 (CrPC), provides for the concept of deemed sanction for prosecuting a public servant.

SC Summarises the Law relating to Child witnesses

By K Rajasekharan 24 February 2025Indian Evidence Act

The Supreme Court (SC), in The State of Madhya Pradesh v Balveer Singh [2025 INSC 261], says that the testimony of a seven-year-old child witness cannot be dismissed outright because, under Section 118 of the Evidence Act, and a child is competent to testify if they can understand the questions and provide rational answers.

Confirmation of Attachment by the Designated Court under BUDS Act

By K Rajasekharan 16 February 2025Code of Civil Procedure 1908 CPC

The delay in filing application for confirmation of the provisional attachment of property by the Competent Authority, under Section 14(1) of the Banning of Unregulated Deposit Schemes (BUDS) Act, 2019 (BUDS Act), to the Designated Court cannot be condoned, as Section 5 of the Limitation Act is not applicable to the Section, says the High Court of Kerala, in paragraph 19 in the judgement in Highrich Online Shoppe Private Limited v The Competent Authority.

Indigence is the Sole Criteria for Compassionate Appointment

By K Rajasekharan 12 February 2025Constitutional law

The Supreme Court (SC), in Canara Bank v Ajithkumar G K [2025 INSC 184], says indigence of the dependants of the deceased employee is the fundamental condition to be satisfied under any scheme for appointment on compassionate ground.

If the Appellant – Accused dies the Imprisonment Abates but the Fine Survives

By K Rajasekharan 8 February 2025Code of Criminal Procedures (CrPC)

The Supreme Court (SC), in Ramesh (deceased) v The State of Kerala, says if the accused-appellant dies during the pendency of a criminal appeal against a composite sentence of imprisonment and fine, the appeal does not abate. The Section 394 of the Code of Criminal Procedure (CrPC) deals with abatement of appeals.

In Service Matters, Approach Administrative Tribunal first but not HC

By K Rajasekharan 8 February 2025Constitutional law

The service matters concerning recruitment and service conditions of state employees, including suspension review, fall within exclusive jurisdiction of administrative tribunal, which must be approached first before directly seeking high courts intervention in such matters, says the High Court of Kerala in Sadiq M M v State of Kerala [2025:KER:251].

Party to a Case must Disclose the Relevancy of Evidence to the Court before Summoning a Witness

By K Rajasekharan 7 February 2025Code of Civil Procedure 1908 CPC

Before summoning a witnesses to court in an ongoing civil suit, the party to the case has to disclose the relevancy of that particular piece of evidence with regard to the issues arising in the suit, says the Kerala High Court in Infant Jesus Church v Southern Law Chambers, [2024 KER 87181].