Lawwatch : Legal Resources for Aspiring Advocates

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.

Wife is Entitled to get Salary Details of Husband

By K Rajasekharan 20 January 2024Family, Marriage & Divorce

In VA Anand v State Information Commission & Others, the Madras High Court pointed out that the wife was not a third party and during the pendency of matrimonial proceedings, she was entitled to receive information relating to salary of her husband.

Data Bank should include only Wetlands & Paddylands

By K Rajasekharan 19 January 2024Paddy and Wetland Act

The final Data Bank to be prepared in Kerala should contain only the details of the property which are paddy land and wetland as shown on the date on which the Conservation of Paddy Land and Wetland Act 2008 (2008 Act) came into force, says Kerala High Court in Basil v Local Level Monitoring Committee.

Recovery of Material Object u/s 27 of the IEA

By K Rajasekharan 17 January 2024Criminal Laws & Procedures, Indian Evidence Act

he Section 27 the Indian Evidence Act (IEA) states that so much of information obtained from the accused when he/she is in police custody leading to the recovery of any fact alone, is admissible. The statement under this Section made to the police when the accused was not in custody or its equivalent, is also inadmissible.

A Note on Section 3 to 5 of Indian Evidence Act

By K Rajasekharan 17 January 2024Criminal Laws & Procedures

The evidence act, in its Section 5, states that evidence may be given of existence or non-existence of any fact in issue and other relevant facts (declared to be relevant by the act) and of no other matter.

Courts must Dispose of Execution Petitions in Six Months: SC

By K Rajasekharan 16 January 2024Civil Cases & Proceedures

Executing Court must dispose of the execution proceedings within 6 months from the date of filing which may be extended only by recording reasons in writing for such delay, says the Supreme Court (SC) in Rahul S Shah v Jinendra Kumar Gandhi and Others [ (2021) 6 SCC 418].

Left over Property abutting Road forms its Part

By K Rajasekharan 16 January 2024Civil Cases & Proceedures

when a person who is having property abutting a public road leaves some property while constructing a compound wall and ultimately the said property became part and parcel of the public road used by all in common, it has to be inferred that the person, who left property outside the compound wall abutting the road in existence, impliedly for deemed to have surrendered the said portion of the property also as public road for his convenience and for the public at large.

What an Indemnity Bond is & Its Format

By K Rajasekharan 7 January 2024Civil Cases & Proceedures

An Indemnity Bond is a contract in which one party promises the other from any loss caused to him by the conduct of the person who promises or any other person. It is called a Contract of Indemnity, under Section 124 of the Contract Act, 1872.

Transfer of an Advocate to another State

By K Rajasekharan 31 October 2023Articles

Applicant shall apply for No Objection Certificate and copy of the State Roll from the State Bar Council where he has enrolled. After obtaining the above said No Objection Certificate and copy of the State Roll, applicant shall file an application before the Bar Council of India in Form C (under Section 18 of the Advocates Act) along with the D.D. for Rs. 2000/- (Rupees Two Thousand only) drawn in favour of ‘Bar Council of India’ payable at New Delhi.

Contradictions in Cross Examination u/s 145 IEA

By K Rajasekharan 30 October 2023Criminal Laws & Procedures, Indian Evidence Act

The term contradiction, in criminal law, refers to the same witness making two contradicting statements in two different stages in a judicial proceeding. Such contradictions are of two kinds: direct contradictions and contradictions by omissions. Making some sort of alterations or improvements in the prior statement and subsequent statement by a witness can also be termed as contradiction by omission.