Lawwatch : Legal Resources for Advocates

Use of Documents under RTI as Evidence in Courts

By K Rajasekharan 17 March 2024Indian Evidence Act

The Section 65 (f) of the IEA allows certified copies permitted under the IEA or by any other law in force in India to be treated as secondary evidence. The RTI Act falls within the ambit of "any other law in force in India.” Therefore the certified copies obtained through the RTI Act can be treated as secondary evidence and can be admitted in court and they can be presumed to be true, unlike a private document.

How can Signature & Handwriting be Proved?

By K Rajasekharan 9 March 2024Indian Evidence Act

The signature and handwriting of a person can be proved in the court by different ways depending on the facts of each case, as per the provisions of the Indian Evidence Act, 1882 (IEA)

A Magistrate has Five Options on Receipt of a Private Complaint

By K Rajasekharan 3 March 2024Code of Criminal Procedures (CrPC)

Five options available to a competent Judicial Magistrate on receipt of a written complaint, as elaborated in Biju Purushothaman v State of Kerala & Others, and reaffirmed in Manimekhala S v State of Kerala, are outlined in this write-up.

No Need to Register Corruption Case in all Cases of Malfeasance

By K Rajasekharan 2 March 2024Code of Criminal Procedures (CrPC), Prevention of Corruption Act

A prosecution under the Prevention of Corruption Act, 1988 (PCA) need not be initiated In all cases of malfeasance or misfeasance, or wrong administration, or in all cases of loss caused to the government while discharging duty by public servants, says the High court of Kerala in Manimekhala S v State of Kerala.

VACB can Investigate Cases against Central Employees

By K Rajasekharan 29 February 2024Code of Criminal Procedures (CrPC), Prevention of Corruption Act

The Vigilance and Anti-Corruption Bureau (VACB) of Kerala State, has authority to investigate offences involving corruption that take place within the State, committed by a Central Government employee or a State Government employee, says the High Court of Kerala (HCK) in State of Kerala v Navaneeth Krishnan

Removal of Public Nuisance by District Magistrate

By K Rajasekharan 26 February 2024Civil Cases & Proceedures

In urgent cases of imminent danger to property and consequent public nuisance, the District Magistrate (DM) or a Sub-Divisional Magistrate or any Executive Magistrate can exercise a ready procedure and issue a conditional order to remove public nuisance or such activities, under Section 133 of the Criminal Procedure Code (CRPC).

Withdrawal from Marriage not Amount to Cheating

By K Rajasekharan 24 February 2024Family, Marriage & Divorce

Non-performance of an already decided marriage by the accused after booking the hall for its performance, does not amount to committing an offence of cheating, says the Supreme Court (SC) in Raju Krishna Shedbalkar v State of Karnataka & Another.

Attachment of Property before Judgement

By K Rajasekharan 24 February 2024Civil Cases & Proceedures

The object of attachment before judgement is to prevent any attempt by the defendant to defeat the realisation of the decree that may be passed against him. The attachment aims to prevent the attempt of the defendant to dispose of or remove from the jurisdiction of the court, his immovable property.

Child Witnesses : Reliability of their Evidence

By K Rajasekharan 22 February 2024Code of Criminal Procedures (CrPC), Indian Evidence Act

All persons are competent to testify as a witness under Section 118 of the Indian Evidence Act. But a person who is unable to understand the question put to him or to give relational answer to the question owning to tender age, extreme old age, disease of mind or body or any other cause is not a competent witness. In criminal case, the basic test of competence is whether the person is able to understand questions put to him as a witness and give answers to them which can be understood.