Lawwatch : Legal Resources for Advocates

Abetment of Wife’s Suicide under Section 306 IPC

By K Rajasekharan 10 April 2024Abetment of Suicide

A man cannot be held guilty for abetment of suicide of his wife, under Section 306 of the Indian Penal code (IPC) read with Section 113 A of the Indian Evidence Act (IEA), within seven years of marriage, unless there is cogent evidence of harassment or cruelty, the Supreme Court has said in Naresh Kumar v State of Haryana [2024 (1) KLD 427 (SC)].

SC’s Principles for Condonation of Delay in Appeals

By K Rajasekharan 9 April 2024Code of Criminal Procedures (CrPC)

In Pathapathi Subba Reddy (Died) By Legal Heirs & Others v Special Deputy Collector (LA), the Supreme Court (SC) laid down eight principles to be followed while seeking condonation of delay in filing appeals, by providing harmonious construction to Sections 3 and 5 of the Limitation Act, 1963.

Suppression of Facts & Repudiation of Insurance Claim

By K Rajasekharan 9 April 2024Insurance Law

Suppression of details regarding the illness suffered by the insurance proposer/assured, the previous treatment administered to him including hospitalization, and so on, which are raised as specific queries in the proposal form of the insurance company are material facts, and in the event of any material suppression or furnishing of false information by the proposer/assured regarding the same, the Insurance Company would be entitled to repudiate the policy, says the Kerala High Court in Life Insurance Corporation v Rosamma Varkey.

Evidence must be Construed in favour of the Accused

By K Rajasekharan 5 April 2024Code of Criminal Procedures (CrPC)

On the basis of evidence on record in a court proceeding, if two equally sustainable views - one in favourable to the accused and the other against him - are equally possible, the court should take the one that is favourable to the accused, but not the other, says the Supreme Court (SC) in Chandrappa & Others v State of Karnataka

Stay Orders will not Expire in Six months: SC

By K Rajasekharan 5 April 2024Code of Civil Procedure 1908 CPC, Code of Criminal Procedures (CrPC)

In High Court Bar Association Allahabad v State Of Uttar Pradesh & Ors, a Constitutional Bench of the Supreme Court (SC) on 29th February 2024 overturned its 2018 Asian Resurfacing judgment which mandated that the interim orders passed by High Courts staying trials in civil and criminal cases will automatically expire after six months from the date of the order, unless expressly extended by the High Courts.

Conviction based on Testimony of Sole Witness

By K Rajasekharan 31 March 2024Code of Criminal Procedures (CrPC)

A conviction of an accused can be recorded based on the testimony of the single witness. While doing so the court must be satisfied that the testimony of the sole witness is of sterling quality, free from any blemish or suspicion to connect solely on the testimony of single witness [Bhimappa Chandrappa Hosamani v State of Karnataka : 2006 AIR SC 5043].

Police Officer not to Register FIR on Offences under Drugs Act

By K Rajasekharan 28 March 2024Code of Criminal Procedures (CrPC)

Cognizance Of offence under Drugs & Cosmetics Act 1940 can't be taken based on Police Officer's complaint, says the Supreme Court (SC) in Rakesh Kumar v State of Bihar & Another.

Institutions not to Withhold Certificates in lieu of Dues

By K Rajasekharan 26 March 2024Code of Civil Procedure 1908 CPC

Educational institutions cannot withhold the educational certificates of students with respect to pending payment of fees or other dues, says the Madras High Court says in M Kesavan v The Principal and Others

Suicide due to Dowry Harassment u/s 498A & 304B IPC

By K Rajasekharan 23 March 2024Crimes Against Women

Minor quarrels between spouses due to differences of opinion or sporadic instances of ill-treatment would not establish an offence of cruelty under Section 498A of the Indian Penal Code (IPC), says the High Court of Kerala in Sreekumar s/o Chellappan Chettiyar v State of Kerala [2024 (1) KLT 382] delivered on 4th January 2024.

Inquiry by Magistrate u/s 202(1) CrPC in Cheque Cases

By K Rajasekharan 21 March 2024Negotiable Instruments Act

In cheque cases filed under Section 138 of the Negotiable Instruments Act (NI Act), when the accused resides beyond the territorial jurisdiction of the court, an inquiry is to be conducted by the Magistrate under Section 202(1) of the Code of Criminal Procedure (CrPC), to arrive at sufficient grounds to proceed against the accused and the Magistrate can dispense with the Section 202 (1) inquiry if the complainant files an affidavit in lieu of the inquiry, as per the Constitutional Bench judgement: In re: Expeditious Trial of Cases Under Section 138 NI Act).