Lawwatch : Legal Resources for Aspiring Advocates

A Magistrate Taking Cognizance in a Protest Complaint Must Consider Refer Report of Police

By K Rajasekharan 11 January 2026Criminal Laws & Procedures

A magistrate taking cognizance based on a protest complaint must consider the refer report filed by the police and pass a speaking order, the High Cout of Kerala observed in Anilkumar v. State of Kerala and Anr [2026: KER:772].

Maintenance Can Be Granted Only From the Date of Application

By K Rajasekharan 6 January 2026Matrimonial and Maintenance Cases

In the case of Safia v State of Kerala [2025: KER:91029], the Kerala High Court clarified that maintenance can be granted starting from the date the application was filed, under Section 125(2) of the Code of Criminal Procedure (CrPC).

No Removal of CCTVs Unless Snooping is Established: Kerala High Court

By K Rajasekharan 2 January 2026Criminal Laws & Procedures

In Sivasankaran @ Sankaran Kutty v. State of Kerala [2025:KER:85261], the High Court of Kerala observed that CCTVs installed in a private residence for the safety and security of its occupants cannot be ordered to be removed based on a neighbor's Right to Privacy, unless it is proven that the cameras are being used for snooping.

Pre-Cognizance Hearing Under Section 223 BNSS Not Required in Cheque Bounce Cases

By K Rajasekharan 1 January 2026Negotiable Instruments Act

In Sanjabij Tari v. Kishore S. Borcar & Anr., the Supreme Court clarified that an accused person does not have the right to be heard at the pre-cognizance stage in complaints filed for the dishonor of a cheque under Section 138 of the Negotiable Instruments (NI) Act.

Not to Grant ‘No Arrest’ While Declining Quashing of FIR

By K Rajasekharan 30 December 2025Criminal Laws & Procedures

In State of UP & Anr V Mohd Archad Khan & Anr [ 2025 INSC 1480], the Supreme Court of India directed that High Courts should not grant "no arrest" or "no coercive steps" protection while simultaneously declining to quash a First Information Report (FIR) under Section 482 of the Code of Criminal Procedure (CrPC).

The Offence of Cheque Dishonor Occurs After 15 Days of Demand Notice for Payment of Debt Amount

By K Rajasekharan 29 December 2025Negotiable Instruments Act

In Vishnoo Mittal v. Shakthi Trading Company [2025 INSC 346], the Supreme Court explained that the cause of action for S.138 of the Negotiable Instruments Act (NI Act) arises not on the dishonour of the cheque but when the amount remains unpaid after the expiry of fifteen days after the issue demand notice. The return of the dishonoured cheque does not create an offence under Section 138 NI Act.