Joinder of Charges under CrPC

Posted inCriminal Laws & Procedures
The Section 218 of the Code of Criminal Procedure (CrPC) insists that there would be separate trial for separate charges and that every distinct offence a person is accused of shall be charged separately, says the High court of Kerala in Santosh @ Chandu v State [2024 (1) KLD 714] .

No Transfer of Property Occurs If the Transferor has no Title

Posted inProperty & Succession
If someone tries to transfer property rights to another person through a legal document but doesn't actually own those rights, the new owner or their successors won't have the legal right to claim those rights from that document, says the Supreme Court in Kizhakke Vatakandiyil Madhavan (D) Thr LRS v Thiyyurkunnath Meethal Janaki [Citation : 2024 INSC 287].

SC deprecates HC’s Interference in SARFAESI Matters

Posted inCivil Cases & Proceedures
The Supreme Court (SC) , in PHR Invent Educational Society v UCO Bank & Others, deprecated the High Court's interference in the auction sale proceedings completed by the Bank, on behalf of the borrower, despite having statutory remedy of appeal under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).

Abetment of Wife’s Suicide under Section 306 IPC

Posted inAbetment of Suicide
A man cannot be held guilty for abetment of suicide of his wife, under Section 306 of the Indian Penal code (IPC) read with Section 113 A of the Indian Evidence Act (IEA), within seven years of marriage, unless there is cogent evidence of harassment or cruelty, the Supreme Court has said in Naresh Kumar v State of Haryana [2024 (1) KLD 427 (SC)].

Suppression of Facts & Repudiation of Insurance Claim

Posted inInsurance Law
Suppression of details regarding the illness suffered by the insurance proposer/assured, the previous treatment administered to him including hospitalization, and so on, which are raised as specific queries in the proposal form of the insurance company are material facts, and in the event of any material suppression or furnishing of false information by the proposer/assured regarding the same, the Insurance Company would be entitled to repudiate the policy, says the Kerala High Court in Life Insurance Corporation v Rosamma Varkey.