Lawwatch : Legal Resources for Learners

Hearing of the Accused on Sentence u/s 235(2) CrPC

By K Rajasekharan 1 August 2021Criminal law

If the accused is convicted for any offence, he shall have the right to be heard on the question of sentence before the court pronouncing its sentence. This is what the Section 235 (2) of the Criminal Procedure Code, 1973 (CrPC) states. This hearing usually ends up as a meaningless routine in most of the cases.

Order of Examination of Witnesses during Trial

By K Rajasekharan 30 July 2021Criminal law

The Criminal Procedure Code, 1973 (CrPC), in its Section 230, states that in a Sessions trial, the Sessions Judge shall proceed to take all such evidence on the date so fixed for prosecution, as may be produced in support of the prosecution (see Section 231(1) CrPC).

Right of Senior Citizen to evict Daughter-in-law

By K Rajasekharan 25 July 2021Family, Marriage & Divorce

When a senior citizen approaches a writ court to direct the eviction of his son and daughter-in-law from a shared household, it must be viewed from the prism of Article 21 of the Constitution of India. This is the remark that the Calcutta High Court made on 23rd July 2021 in the case Ramapada Basak & Anr v. State of West Bengal & Ors while deciding a plea by two senior citizens (petitioners) seeking the eviction of the son and daughter-in-law from their residence.

Sedition Law in India : An Overview

By K Rajasekharan 24 July 2021Criminal law

The Section 124A of Indian Penal Code (IPC) lays down in broad terms what sedition is. Sedition generally means conduct or speech inciting people to rebel against the legally established authority of the State. In a democracy every citizen has the right to question the government. Any criticism becomes sedition only when it leads to incitement of violence or overthrow of rule of law. Sedition is closely allied to treason. Any criticism becomes seditious only when it should have a pernicious tendency to create public disorder or disturbance of law and order.

Owner can Transfer his Property during Litigation

By K Rajasekharan 13 July 2021Civil law, Property & Succession

When a property is under a pending court case, the property can be transferred to a third party without court's prior permission, if there is no specific court order prohibiting its transfer. In such a transfer, the transferee is bound by the ensuing judgement of the suit. This principle is called lis pendens in law.

Space in a Private Car is treated as “Public Space” or not

By K Rajasekharan 11 July 2021Criminal law

The space inside a private vehicle parked on or plying along a public road can be treated as private space or public space depending on the law which you employ on it. The term Public Place is defined differently in different laws, depending on the context or purpose of the law.

SC sets aside the bail order of Kerala HC

By K Rajasekharan 9 July 2021Criminal law

Setting aside a bail order The Supreme Court (SC) in State of Kerala v Mahesh (AIR Online 2021 SC 205) sets aside an order of the High Court (HC) of…

Cancellation of Bail & Its Legalities

By K Rajasekharan 9 July 2021Criminal law

Introduction The term bail refers to the judicial release of a person from custody. The grant, refusal or cancellation of bail is a judicial act. It has to be performed…

Taking Bluetooth Calls by Drivers becomes an Offence

By K Rajasekharan 4 July 2021Motor Vehicles Act

Police declares talking on Bluetooth as an offence The Section 184 of the Indian Motor Vehicles Act, the amendment of which came into force on 1 September 2019, defines and…

Not to reveal Name of the Victim in the Judgement

By K Rajasekharan 2 July 2021Criminal law

Not to record name of rape victim The subordinate courts should not reveal the identity of a rape victim or a sexual offence victim in any court proceedings. The direction…

Restrictions on Cash Transfers in India

By K Rajasekharan 19 June 2021Uncategorized

Cash, in the form or coins or currency notes, has been the major form of money used for financial transactions in India. But giving and accepting cash without knowing the restrictions imposed on cash transfers by the Income Tax Act and other statutes may put you in great trouble. This is an attempt to compile some of such restrictions at one place.

Remedies when FIR is not Registered

By K Rajasekharan 15 June 2021Criminal law

Under Section 154(3) CrPC any person aggrieved by the refusal of the Station House Officer to record the First Information Statement (FIS) relating to the commission of a cognizable offence can send such substance of information in writing by post to the Superintendent of Police in the area and the Superintendent can conduct an investigation himself or through any of his subordinate officer.