Lawwatch : Legal Resources for Aspiring Advocates

Victim’s Right to File an Appeal in a Criminal Case

By K Rajasekharan 31 May 2024Crimes Against Women

A victim can file an appeal in a criminal offence against any judgment or order passed by the court only under three circumstances, such as acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, under Section 372 of the Code of Criminal Procedure, 1972 (CrPC).

Not to do DNA test of Rape Victim’s Children Casually

By K Rajasekharan 30 May 2024Criminal Laws & Procedures

The courts shall not entertain application seeking DNA examination of children of victim only after assessing the principle of eminent need and doctrine of proportionality, says Kerala High Court in Suo Motu v State of Kerala [ 2024 (3) KHC 553].

Conviction based on Circumstantial Evidence

By K Rajasekharan 26 May 2024Criminal Laws & Procedures

In paragraph 8 of the judgement in Ravinder Kumar v State of NCT of Delhi [2024 INSC 211 ], the Supreme Court (SC) says that the law regarding conviction on the basis of circumstantial evidence is crystallized in Sharada Birdhichand Sarada v State of Maharashtra [ AIR 1984 SC 1622].

Dying declaration u/s 32(1) of the Evidence Act

By K Rajasekharan 26 May 2024Indian Evidence Act

A dying declaration is a written or verbal statement made by a person, when he is facing imminent death. The declaration must be as to the cause of the declarant’s death or as to any of the circumstances of the transaction which resulted in his death.

Even if Plaint is withdrawn the Counterclaim will Remain

By K Rajasekharan 25 May 2024Family, Marriage & Divorce

Withdrawal of an Original Petition for divorce, filed by the wife under Section 13(1) (ia) of the Hindu Marriage Act, 1955, does not automatically abate the counterclaim filed by the husband, says the High Court of Allahabad in Ishita Dua v Tarun Kumar Sharma [2024:AHC:79757-DB].

If Murder is Proved not Establishing Motive Inconsequential

By K Rajasekharan 23 May 2024Criminal Laws & Procedures

In case of daylight murder, when there is reliable witness and direct ocular evidence, the failure of the prosecution to establish motive is inconsequential in convicting the accused, says Chandan v The State (Delhi Administration) .

By Adverse Possession One can Seek Declaration of Title

By K Rajasekharan 21 May 2024Property & Succession

Adverse possession is a peculiar kind of possession of land where a person not having legal title to the land enters and occupies the land for long period with no continuing permission of the legal owner and the true owner subsequently loses his ownership rights after a legally permissible period of his inaction in recovering the possession from the possessor. The owner might have initially permitted the possessor in entering the land on the basis of a lease or licence.

Right to Private Defence :SC Guidelines on its Exercise

By K Rajasekharan 20 May 2024Criminal Laws & Procedures

Right to private defence is a right every citizen has when faced with grave danger to his life or property, under Sections 96 to 106 of the Indian Penal Code (IPC), 1860. The IPC states nothing is an offence which is done in the exercise of self-defence. In order to ascertain whether any act done falls under right to self-defence, the Sections 96 to 106 of the IPC need to be examined as a whole.

Courts not to Sell the Whole Property When a Part is Enough

By K Rajasekharan 20 May 2024Property & Succession

If the attachment of the judgment debtor's property takes place during the execution proceedings, then the executing court shouldn't order the sale of the whole property when the part of the property could satisfy the decree, the Supreme Court says in Bhikchand S/O Dhondiram Mutha (deceased) thru LR’s v Shamabai Dhanraj Gugale (Deceased) [2024 INSC 411].

Proving Unsoundness of Mind of Executant of a Sale Deed

By K Rajasekharan 19 May 2024Property & Succession

n proving that an executant in a sale deed is of sound mind, mere production of a medical certificate is not enough while determining the mental state at the time of the execution of a sale deed, and capacity of the executant, but the opinion of the doctor who treated the executant brought on record by examining and cross examining him in the court is necessary, the High Court of Kerala states in Kunhalima vs Mahammed [2024(3)KHC SN 15(Page No 70].