Lawwatch : Legal Resources for Advocates

Compassionate Appointment: Not a Vested Right

By K Rajasekharan 25 November 2024Constitutional law

Compassionate appointment is not a vested right. A claim for compassionate appointment by the dependent of the deceased employee may not be entertained after a lapse of a considerable period since the death, says the Supreme Court (SC) in State of West Bengal v Debabrata Tiwari & Ors.

Wrong Entry of Community in SSLC can be Solved by Producing Certificate from Revenue Authority

By K Rajasekharan 24 November 2024Civil Cases & Proceedures

If a person belongs to a community other than which is mentioned in the Secondary School Leaving Certificate (SSLC) what is necessary to prove his community is to produce a community certificate from the Revenue Authority and no Gazette notification is required to support the claim, says Kerala High Court in Kerala Public Service Commission, Tvm v Dinesh [2024:KER:67974 / 92024 (6) KHC 182 (DB)].

Pension Benefit can be Withheld pending Disciplinary Proceedings

By K Rajasekharan 24 November 2024Civil Cases & Proceedures

The High Court of Kerala says pension benefits can be withheld when disciplinary proceedings are pendng, as per rule 3 A (a) of the Part III of the Kerala Service Rules in S Gopalakrishnan Potty v State of Kerala & Another [2024 KER 81106].

Counter Cases or Cross Cases: Investigation & Trial

By K Rajasekharan 22 November 2024Code of Criminal Procedures (CrPC)

Two different versions of the same incident resulting into two criminal cases are described as “case and counter case” by some High Courts or just “cross cases” by some others, says the High Court of Kerala in Faizal v State of Kerala [2024 (3) KHC 322].

Accused has Right to Access Digital Documents Prosecution Uses

By K Rajasekharan 21 November 2024Code of Criminal Procedures (CrPC)

The accused right to access documents, including digital documents excluding those which affect the privacy of the victim, says the High Court of Kerala in Aji v State of Kerala [2024:KER:83377].

Necessary to Record Evidence in Disciplinary Action

By K Rajasekharan 20 November 2024Civil Cases & Proceedures

The recording of evidence in a disciplinary proceeding proposing charges of a major punishment is mandatory, the Supreme Court (SC) reiterated in Satyendra Singh v State of Uttar Pradesh & Another.

Guidelines on Service of Summons to Indians residing Outside India

By K Rajasekharan 17 November 2024Property & Succession

In regard to service of summons to Indian residing outside India, a Three Judge Bench of the High Court of Kerala laid down the following conclusions in Charuvila Philipose Sundaran Pillai & Another v P. N. Sivadasan & Other.

Different Categories of Possession of Immoveable Property

By K Rajasekharan 17 November 2024Property & Succession

Possession, in regard to immoveable property, can be classified into ten categories and they are listed with a brief description of each category.

Limitation in Specific Performance starts from Date fixed for the Performance

By K Rajasekharan 17 November 2024Property & Succession

The limitation period for a specific performance suit will run from the date fixed for the performance of the contract but not from the expiry of the validity of the agreement., says the Supreme Court (SC) in Usha Devi & Others v Ram Kumar Singh & Others [2024 INSC 599].

Dishonour of Cheques due to Stop Payment will Fall under 138 NI Act

By K Rajasekharan 13 November 2024Negotiable Instruments Act

Not only the cases of dishonour of cheques on account of insufficiency of funds or on account of exceeding of arrangement but the cases involving dishonour of cheques on account of "stop payment", "account closed" and "Signature Mismatch" also fall within the ambit of offence under the Section 138 of the Negotiable Instruments Act (NI Act), states the Jammu and Kashmir and Ladakh High Court Mohammad Shafi Wani v Noor Mohammad Khan.