Lawwatch : Resources for Learners

In Cheque Dishonour, Both Civil & Criminal Cases Possible

By K Rajasekharan 4 November 2024Negotiable Instruments

A complaint for offence punishable under Section 138 of the Negotiable Instruments Act (NI Act) would be maintainable, even if a civil suit is filed for recovery of the amount, though both spring from the same cause of action, says Karnataka High Court in Lalji Kesha Vaid v Dayanand R.

SC Guidelines on Granting Amendment of Pleadings

By K Rajasekharan 3 November 2024Civil law

The Supreme Court (SC) in paragraph 70 of the judgement in Life Insurance Corporation of India v Sanjeev Builders Private Limited provides the broad guidelines regarding the amendment of pleadings.

Partition Comes to fore after Resolving Dispute on Will

By K Rajasekharan 3 November 2024Property & Succession

The succession process cannot go forward without a determination of the dispute regarding the Will, says the Supreme Court (SC) in Dinesh Goyal @ Pappu v Suman Agarwal (Bindal) & Others [ 2024 INSC 726].

Accused must explain if Crime happens in the Privacy of Home

By K Rajasekharan 3 November 2024Criminal law

When the offence of murder was committed in the presence of the accused in the privacy of their house, then he has the duty to give an explanation and a failure to offer an explanation can be treated as an adverse circumstance against the accused, as per Section 106 of the Indian Evidence Act, 1872 (IEA), says the Supreme Court (SC) in Uma & Another v The State Represented by the DySP [2024 INSC 809 ].

A Spouse not to do Surveillance on the Other

By K Rajasekharan 3 November 2024Family, Marriage & Divorce

Law cannot permit or encourage snooping by one spouse on the other. Right to privacy is a fundamental right and it includes spousal privacy. Evidence obtained by invading the fundamental right to privacy of the spouse is inadmissible in the court, says Madras High Court in the judgement in R v B.

In Cheque Case, Presence of the Accused not to be Insisted

By K Rajasekharan 2 November 2024Criminal law

Presence of the accused, particularly in cheque bouncing cases–which are semi-criminal/civil in nature, should not be ordinarily insisted upon, unless the trial court needs to either examine the accused or their statement is to be recorded, says the Rajasthan High Court.

Shouting & Threatening does not amount to Assault

By K Rajasekharan 2 November 2024Criminal law

Shouting and threatening someone doesn't amount to committing an offence of assault, says the Supreme Court (SC) in K Dhananjay v Cabinet Secretary & Others.

Registering Officer cannot Cancel a Registered Document

By K Rajasekharan 31 October 2024Property & Succession

A conjoint reading of Sections 17, 18, 32, 34 and 35 enjoins to the clear inference that upon a document, which is compulsorily registerable as provided u/s 17, the registering authority, upon satisfying himself that the document is presented by the proper person and being satisfied with the same as per the provision provided u/s 34 is bound to admit the document for registration, unless contrary to the aforesaid provisions unfolds, which alone could cause the registering authority to deny execution of the document, says the Supreme Court (SC) in Satya Pal Anand v State of Madhya Pradesh & Others.

A Document not disputed can be used as Substantive Evidence

By K Rajasekharan 27 October 2024Criminal law

If the genuineness of any document filed by a party is not disputed by the opposite party in a criminal trial it can be read as substantive evidence under Section 294 (3) of the Code of Criminal Procedure, 1973 (CrPC), says the Supreme Court (SC) in Shyam Narayan Ram v State of UP [2024 INSC 800].

SC to decide Whether Pillion Rider is a Third Party or Not

By K Rajasekharan 16 October 2024Motor Vehicles Act

The Supreme Court (SC) in United India Insurance Co. Ltd., Shimla v Tilak Singh & Others [2006 (4) SCC 404] and Oriental Insurance Co Ltd v Sudhakaran K V & Others [ 2008 (7) SCC 428] says that a pillion rider on a motorcycle is not a third party. But another bench has reservations about the view and referred the issue to a larger bench.

Touching a Female in an Altercation not Amounts to Outraging Modesty

By K Rajasekharan 12 October 2024Criminal law

Physical touch on the body of a female by a male as part of an altercation without intention to outrage her modesty cannot be termed as an unwelcome and explicit sexual overture, says the Kerala High Court while quashing of an FIR lodged against an official by a law student of the cochin University, in Dr P K Baby v State of Kerala [2024:KER:75539].

Priority in Hearings be Given in Exceptional Cases

By K Rajasekharan 11 October 2024Others

Litigants should be allowed to seek early disposal of their cases only in exceptional cases where justifiable and genuine reasons are made out before the appropriate court, says the High Court of Kerala in Prema Joy v John Britto.