Lawwatch : Legal Resources for Advocates

Difference between the terms illegal & unlawful

By K Rajasekharan 5 July 2023Uncategorized

The terms illegal and unlawful have slight difference in meanings, as per Oxford English dictionary. But nowadays both terms are often used interchangeably. Something that is Illegal is against the law in force such as illegal immigrants, whereas an unlawful act merely contravenes the rules that apply in a particular context such as an unlawful assembly. The term unlawful often implies an act that is done without lawful justification or authority.

Governor may Give his Assent or Return the Bill

By K Rajasekharan 5 July 2023Constitutional law

The issue whether the Governor of a State can withhold a bill passed by the legislature without acting upon it is a serious matter being debated in governmental bodies, judiciary, and the public sphere, with no consensus in sight.

Vehicle Accident Compensation under No-fault Liability

By K Rajasekharan 4 July 2023Motor Vehicles Act

In motor vehicle compensation claims in which the fault of the driver concerned is not pleaded, such claims are filed under Section 164 of the Motor Vehicle Act, 1988 (MV Act). The issue of negligence, wrongful act, or default of the driver of the concerned vehicle cannot be pleaded in such claims.

Tax Exemption in Capital Gains u/s Section 54 of IT Act

By K Rajasekharan 3 July 2023Property & Succession

Income Tax from Long Term Capital Gains (LTCG) is exempted under Section 54 of the Income Tax Act in case a taxpayer sells his residential house and acquires another residential house from the sale proceeds.

Hit & Run Motor Vehicle Accident Cases

By K Rajasekharan 29 June 2023Motor Vehicles Act

In hit and run motor accidental cases Motor Accident Claims Tribunal (MACT) has no judication or role under Section 161 Motor Vehicle Act, 1988 (MV Act). Such claims will be dealt with the Claim Enquiry Officer( CEO).

Wife deserves a share in the Family Properties

By K Rajasekharan 27 June 2023Family, Marriage & Divorce

A wife, who contributed to the acquisition of family assets by performing the household chores, thereby releasing their husbands for gainful employment, would be entitled to a share in the properties, as she had indirectly contributed to its purchase, says the High Court of Madras in Kannaian Naidu & Others v Kamsala Ammal & Others.

Damages an Injured can Claim in Vehicle Accidents

By K Rajasekharan 25 June 2023Motor Vehicles Act

A person injured in a motor vehicle accident can claim two types of damages: one is non-pecuniary damages (general damages) and the other is pecuniary damages (special damages). The non-pecuniary damages (general damages) are the damages which cannot be calculated in terms of money. The Pecuniary damages are those damages which the victim has actually incurred and are capable of being calculated in terms of money.

Guardianship of a Minor Hindu Child

By K Rajasekharan 18 June 2023Civil Cases & Proceedures

The Hindu Minority and Guardianship Act, 1956 (HMGA) and the Guardians and Ward Act, 1890 (GWA) are the two acts that deal with guardianship. Both the acts define the rights, obligations, relations between adults and minors. The GWA applies to everyone regardless of caste, creed, or community and it includes the procedure on how to petition courts for the appointment of a guardian. The HMGA has an overriding effect in regard to all other laws relating to guardianship, as per Section 5 of the HMGA.

Guardian and Ward Act, 1890 : A Brief Summary

By K Rajasekharan 15 June 2023Civil Cases & Proceedures

The court, on an application by a party, can appoint or declared a guardian for a ward. The purpose is to ensure the welfare of the minor and take care of the ward’s person and property, as per the Guardian and Wards Act, 1890 (GWA).

Nudity does not per se amount to Obscenity

By K Rajasekharan 10 June 2023Code of Criminal Procedures (CrPC)

In Rehna Fatima v State of Kerala & Another, the High Court of Kerala quashed the charge of nudity and other ones levelled against the activist Ms Rehna Fatima under the penal code and other laws, for posting a video on internet depicting her minor children painting on her bare torso under the hashtag “Body art and Politics”.