Lawwatch : Legal Resources for Aspiring Advocates

VACB can Investigate Cases against Central Employees

By K Rajasekharan 29 February 2024Criminal Laws & Procedures, Prevention of Corruption Act

The Vigilance and Anti-Corruption Bureau (VACB) of Kerala State, has authority to investigate offences involving corruption that take place within the State, committed by a Central Government employee or a State Government employee, says the High Court of Kerala (HCK) in State of Kerala v Navaneeth Krishnan

Removal of Public Nuisance by District Magistrate

By K Rajasekharan 26 February 2024Civil Cases & Proceedures

In urgent cases of imminent danger to property and consequent public nuisance, the District Magistrate (DM) or a Sub-Divisional Magistrate or any Executive Magistrate can exercise a ready procedure and issue a conditional order to remove public nuisance or such activities, under Section 133 of the Criminal Procedure Code (CRPC).

Withdrawal from Marriage not Amount to Cheating

By K Rajasekharan 24 February 2024Family, Marriage & Divorce

Non-performance of an already decided marriage by the accused after booking the hall for its performance, does not amount to committing an offence of cheating, says the Supreme Court (SC) in Raju Krishna Shedbalkar v State of Karnataka & Another.

Attachment of Property before Judgement

By K Rajasekharan 24 February 2024Civil Cases & Proceedures

The object of attachment before judgement is to prevent any attempt by the defendant to defeat the realisation of the decree that may be passed against him. The attachment aims to prevent the attempt of the defendant to dispose of or remove from the jurisdiction of the court, his immovable property.

Child Witnesses : Reliability of their Evidence

By K Rajasekharan 22 February 2024Criminal Laws & Procedures, Indian Evidence Act

All persons are competent to testify as a witness under Section 118 of the Indian Evidence Act. But a person who is unable to understand the question put to him or to give relational answer to the question owning to tender age, extreme old age, disease of mind or body or any other cause is not a competent witness. In criminal case, the basic test of competence is whether the person is able to understand questions put to him as a witness and give answers to them which can be understood.

Long Cohabitation will not make it a Valid Marriage

By K Rajasekharan 22 February 2024Family, Marriage & Divorce

In Rema v Radhamani (Mat appeal No 813 of 2017), the High Court of Kerala says cohabitation between a man and a woman, however long it may be, will not become a valid marriage, if either of them is already a married person.

On Providing Oral Evidence Relating to Documents

By K Rajasekharan 18 February 2024Indian Evidence Act

Two kinds of evidence can be produced before a court : they are all statements which the court permits and all documents including electronic records produced before the court for its inspection. Normally oral evidence cannot be provided to prove contents of documents but in specified situations oral evidence can be given in proving contents of documents.

Suit for Declaration without Recovery not Maintainable

By K Rajasekharan 16 February 2024Civil Cases & Proceedures, Property & Succession

A suit for declaration of title without seeking recovery of possession is not maintainable when the plaintiff is not in possession of the property, under Section 34 of the Specific Relief Act of 1963.

A Woman can file a Case against a Female under DV Act

By K Rajasekharan 14 February 2024Crimes Against Women

A complaint, under the Protection of Women from Domestic Violence Act 2005 (DV Act), can be filed by an aggrieved woman, who has been in domestic relationship with her and the case can be against a female member of the family as well.

On Writing a Judgement: A Simple Model for Learning

By K Rajasekharan 8 February 2024Articles

A Judgment is a reasoned pronouncement by a judge on one or more disputed legal questions involved in a case between opposing parties who argued before him with facts and evidence. A good judgment requires a good hearing by the parties on various aspects of the disputed issues.