Written Statement can be Filed after 90 days in Hard Cases

10 May 2022Posted inCivil law
The time limit for filing of the written statement under Order VIII Rule 1 of Code of Civil Procedure is not mandatory except in commercial suits, the Supreme Court (SC) reiterates it in Bharat Kalra v Raj Kishan Chabra. The SC relied on the judgement in Kailash v Nankhu & Ors.[ (2005) 4 SCC 480]. Therefore, the delay in filing of the written statement could very well be compensated with costs but denying the benefit of filing of the written statement is unreasonable.

Regularisation of Temporary Employees is illegal

8 May 2022Posted inConstitutional law
In a claim for regularisation of temporary employees in LIC in a case ( Ranbir Singh vs S.K. Roy, Chairman, LIC ) spanning four decades, the Supreme Court (SC) categorically said that a public employer such as LIC cannot be directed to carry out a mass absorption of over 11,000 workers on such flawed premises without following a recruitment process, relying on the constitutional bench judgement in Secretary, State of Karnataka v Umadevi.

Child Marriage in India: Its Legal Status

2 May 2022Posted inFamily, Marriage & Divorce
A marriage in which either the girl is below 18 years of age, or the boy is below 21 years of age, is a child marriage in India. The essential condition for the validity of an Indian marriage is solemnization or conduct of the religious ceremonies prescribed by the religion to which the parties belong. Child marriage is prohibited in India but such a marriage is not held as unlawful as of now by the courts. The Prohibition of Child Marriage Act, 2006 (PCMA) is the key law that puts some restraints on child marriages.

Arrest & Detention of JD in Execution Petition

28 January 2022Posted inArrest & Related Matters
One of the modes of execution of a decree for payment of money, exceeding Rupees two thousand, is arrest and detention of the judgment debtor (JD) in a civil prison. The purpose of this write up is to discusses the mode and procedure for putting a judgment debtor (JD) in civil prison, as part of execution of a decree, when he is unable to satisfy the decree against him.

Admission & Its Relevancy u/s 17- 23 & 31 of IEA

26 January 2022Posted inEvidence law
Admission, under Indian Evidence Act, 1872 (IEA), is a statement in oral, documentary, or electronic form by a party to the case or his authorised agent or by the other parties the statute permits. The statement must be indicative of some inference relating to the matter in dispute or a related fact. By admission the person agrees that the fact asserted by the other party is true. Admission of fact in court helps in dispensing with the production of evidence during judicial proceedings.

Criminal Conspiracy and related Offences

25 January 2022Posted inCriminal law
A conspiracy takes place when two or more people make an agreement to commit or cause to be done, an illegal act or a legal act through illegal means and to take some step consequent to the agreement. Conspiracy does not require that the illegal act to be completed. A group of individuals can be convicted of conspiracy to commit burglary even if the actual burglary never happens. In a conspiracy an accused can be charged with both the offences: the conspiracy to commit a crime, and the crime itself.

HC can’t direct Police not to Arrest the Accused

19 January 2022Posted inCriminal law
The High Court (HC) cannot direct the investigation agency not to arrest the accused during the course of investigation or to ask the Trial Magistrate to admit the accused on bail while dismissing the application of the accused for quashing the Fist Information Report (FIR) under Section 482 Criminal Procedure Code, 1973 (CrPC).

Family Court can declare extra judicial Muslim Divorce

17 January 2022Posted inFamily, Marriage & Divorce
Kerala High Court (HC) in Asbi K N v Hashim M U has formulated some guidelines for the Family Court to be followed when any party files a petition seeking its endorsement to an extrajudicial divorce duly concluded under Muslim Personal Law. The judgement was delivered on 12 October 2021. The HC declared the nature of enquiry and trial procedures to be made by the Family Court in such cases. The courts can declare such marital status under Section 7 of the Family Court Act, 1984.

Can a Video be treated as a Document?

16 January 2022Posted inCriminal law, Evidence law
The seminal question considered by the Supreme Court (SC) in P. Gopalkrishnan @ Dileep v The State Of Kerala filed against the Kerala High Court (HC) judgement is whether the contents of the memory card/pen drive in the form of video of an incident in question, submitted to the trial court along with the police report, can be treated as document as such or material object.