Lawwatch : Legal Resources for Aspiring Advocates

Judgements in Electronic Form : Digital SCR

By K Rajasekharan 28 January 2024Articles

The Supreme Court has brought out the Digital Supreme Court Reports. It is a digital version of the official law report of the judgements of the Supreme Court of India. It presents judgments in a digital, open-access format which is useful for the law students, lawyers, and the wider public.

Names of the Accused & Victim not to be Disclosed

By K Rajasekharan 26 January 2024Criminal law

The names and addresses of the victim and the accused should not be printed or published in relation to the inquiry or trial of rape or any offence under Section 376, 376A, 376C, 376D or 376E of Indian Penal Code (IPC) without the previous permission of the court, says the High Court of Kerala in Saleel Raveendran v Union of India.

President Gives Assent to three Criminal Law Bills

By K Rajasekharan 25 January 2024Criminal law

President gives assent to the following three criminal law bills on 25th December 2023.. The Bharatiya Nyaya Sanhita 2023 which proposes to replace the Indian Penal Code (IPC), The Bharatiya Nagarik Suraksha Sanhita 2023 which proposes to replace the Code of Criminal Procedure (CrPC), and The Bharatiya Sakshya Sanhita 2023 which seeks to replace the Indian Evidence Act.

Calculating Vehicle Compensation in Death Cases

By K Rajasekharan 25 January 2024Motor Vehicles Act

To calculate just compensation in a death case, the first thing to be done is to calculate the annual income or dependency or multiplicand, after deducting the tax. Then deduct the personal expenses and living expenses from it. The resultant amount is termed as annual income or multiplicand or dependency. For this exercise the claimant must establish the age of the deceased, the income of the deceased and the number of dependents.

Not to make Breach of Contract a Criminal Offence

By K Rajasekharan 23 January 2024Civil law

A breach of contract does not amount to a criminal offence of cheating, under Section 420 or 406 of the Indian Penal Code, 1860 (IPC), unless fraudulent or dishonest intention is shown right at the beginning of the transaction, says the Supreme Court (SC) in Jay Shri v State of Rajasthan.

Wife is Entitled to get Salary Details of Husband

By K Rajasekharan 20 January 2024Family, Marriage & Divorce

In VA Anand v State Information Commission & Others, the Madras High Court pointed out that the wife was not a third party and during the pendency of matrimonial proceedings, she was entitled to receive information relating to salary of her husband.

Data Bank should include only Wetlands & Paddylands

By K Rajasekharan 19 January 2024Paddy and Wetland Act

The final Data Bank to be prepared in Kerala should contain only the details of the property which are paddy land and wetland as shown on the date on which the Conservation of Paddy Land and Wetland Act 2008 (2008 Act) came into force, says Kerala High Court in Basil v Local Level Monitoring Committee.

Recovery of Material Object u/s 27 of the IEA

By K Rajasekharan 17 January 2024Criminal law, Evidence law

he Section 27 the Indian Evidence Act (IEA) states that so much of information obtained from the accused when he/she is in police custody leading to the recovery of any fact alone, is admissible. The statement under this Section made to the police when the accused was not in custody or its equivalent, is also inadmissible.

A Note on Section 3 to 5 of Indian Evidence Act

By K Rajasekharan 17 January 2024Criminal law

The evidence act, in its Section 5, states that evidence may be given of existence or non-existence of any fact in issue and other relevant facts (declared to be relevant by the act) and of no other matter.

Courts must Dispose of Execution Petitions in Six Months: SC

By K Rajasekharan 16 January 2024Civil law

Executing Court must dispose of the execution proceedings within 6 months from the date of filing which may be extended only by recording reasons in writing for such delay, says the Supreme Court (SC) in Rahul S Shah v Jinendra Kumar Gandhi and Others [ (2021) 6 SCC 418].