Lawwatch : Legal Resources for Aspiring Advocates

Method of Proving the Age of the Child Victim

By K Rajasekharan 26 October 2022Criminal Laws & Procedures

To prove the age of the victim the following three methods are genrally resorted to: the matriculation or equivalent certificates, if available; and in the absence whereof; the date of birth certificate from the school (other than a play school) first attended; and in the absence whereof; the birth certificate given by a corporation or a municipal authority or a panchayat;

Consent of the Family not essential in Marriage

By K Rajasekharan 25 October 2022Family, Marriage & Divorce

The Supreme Court (SC), however, says if two consenting adult individuals agree to enter into a marriage, the consent of the family or the community or the clan is not necessary. The concern of the individuals has to be given primacy.

Appeal can be Filed in case of no Reply under RTI

By K Rajasekharan 23 October 2022Uncategorized

The failure of the State Public Information Officer (SPIO) of a Public Authority to provide information to the applicant within the specified period of 30 days under Section 7 (1) of the Right to Information Act (RTI) shall be deemed to be a refusal of request. The Section 7(1) of the RTI provides for disposal of the request for information within 30 days of the request by either providing it or rejecting the application.

UGC Regulations have Priority over University Laws: SC

By K Rajasekharan 23 October 2022Constitutional law

The issue whether the UGC Regulations shall prevail over the State legislation/State Act has been answered emphatically by the Supreme Court (SC) once again in Professor (Dr.) Sreejith P.S. v Dr. Rajasree M.S. & Ors. The SC categorically holds the appointment of Vice Chancellors in the state universities should be as per the prevailing UGC Regulations if the regulation is in conflict with the State’s University Act.

Role of the Victim’s Advocate in Criminal Proceedings

By K Rajasekharan 22 October 2022Criminal Laws & Procedures

A victim has the right to engage an advocate in the criminal proceedings she is involved in, under the law. The legal provision that empowers her to engage an advocate of his choice to assist the prosecution of criminal case, with due permission of the court is the proviso to Section 24 (8) of the Criminal Procedure Code (CrPC).

Judgement must be Clear, Simple & Comprehensible: SC

By K Rajasekharan 21 October 2022Constitutional law

In State Bank of India and Another v Ajay Kumar Sood, the Supreme Court (SC) set aside the judgement of the High Court of Himachal Pradesh in view of the language of the judgement was incomprehensible and therefore remitted it back to the High Court to rewrite it in an easy-to-understand style.

Reprimand of Student not tantamount to Abetting Suicide

By K Rajasekharan 18 October 2022Abetment of Suicide

The SC held that if a student is simply reprimanded by a teacher for an act of indiscipline and bringing the continued act of indiscipline to the notice of the principal of the institution who conveyed the matter to the parents and if the student who is very emotional or sentimental commits suicide, the teacher cannot be held liable for suicide.

Indian Evidence Act in a Nutshell

By K Rajasekharan 17 October 2022Indian Evidence Act

The law of evidence plays a great role in administration of justice. For that it is essential to provide reliable, relevant and admissible evidence to establish the substantive rights of the contesting parties in a court of law. The law makes the job of providing and proving evidence foolproof.

Company is the accused in Company Cheque Cases

By K Rajasekharan 16 October 2022Negotiable Instruments Act

An authorised signatory of a company or firm will not be liable for prosecution in a cheque case, under section 138 of the Negotiable Instrument Act (NI Act) without the companies arraigned as an accused. This is what the High Court of Kerala says in Velayudhan Pilla S v Chellath Franklin and Another (2021 (1) KLD 753).