Lawwatch : Legal Resources for Aspiring Advocates

Uniform Civil Code (UCC): Its Need & Purpose

By K Rajasekharan 7 February 2024Articles, Family, Marriage & Divorce

The Uniform Civil Code (UCC) is a constitutional objective outlined in Article 44, the implementation of which has been long-delayed. Its primary purpose is to remedy the discrimination against women that exists within various personal laws.

Returning a Complaint as it was filed by Wife is Illegal

By K Rajasekharan 6 February 2024Criminal Laws & Procedures

Returning a criminal complaint filed by the wife of an accident victim, on the sole ground that it was filed by the wife and not by the actual victim, is illegal, says the Kerala High Court (HC) in Smitha w/o Thankachan v State of Kerala.

Investigation not Vitiated when Informant becomes IO

By K Rajasekharan 6 February 2024Criminal Laws & Procedures

Investigation conducted by the informant / police officer, who is the complainant, is not vitiated because of the sole reason that the informant is the investigator, says the Supreme court (SC) in Mukesh Singh v State (Narcotic Branch of Delhi) .

Court can Compare Signatures in Cheque & with Bank

By K Rajasekharan 30 January 2024Negotiable Instruments Act

In a cheque case under Section 138 of the Negotiable Instruments Act (NI Act), if the accused disputes the signature on the cheque, then the court can summon certified copies of the specimen signature, which is admissible under Bankers’ Book of Evidence Act, 1891, from the bank to compare it with the signature appearing on the cheque under Section 73 of the Indian Evidence Act, 1882 (IEA), says the Supreme Court (SC) in Ajitsinh Chehuji Rathod v State of Gujarat and another.

What does the term Month in Statutes Mean?

By K Rajasekharan 30 January 2024Negotiable Instruments Act

In Rameshchandra Ambalal Joshi v State of Gujarat & Anr, the Supreme Court of India (SC) discusses how to calculate the word month appears in legal provisions. As per Section 3 (35) of the General Clauses Act, the word month has been defined and it “shall mean a month reckoned according to the British calendar”.

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 Laws & Procedures

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 Laws & Procedures

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 Cases & Proceedures

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.