Lawwatch : Legal Resources for Learners

Proof of Demand for Bribe Required for Conviction on it

By K Rajasekharan 27 August 2025Corruption & Bribery cases

In the judgment of T. K. Krishnankutty v. State of Kerala [2025 0 KER 24020], the High Court of Kerala held that proof of demand and acceptance of illegal gratification is a sine qua non for a conviction under Sections 7 and 13(1)(d) of the Prevention of Corruption (PC) Act.

Sanction to Prosecute a Public Servant Under Section 197 CrPC

By K Rajasekharan 26 August 2025Criminal law

In the Indian criminal justice system, Section 197 of the Code of Criminal Procedure, 1973 (CrPC) serves as a critical procedural safeguard. It is designed to protect public servants from frivolous, vexatious, or malicious criminal proceedings, thereby enabling them to perform their official duties without fear or undue harassment.

Additional Evidence at Appellate Stage must be Consistent with Original Pleadings

By K Rajasekharan 24 August 2025Civil law

In Iqbal Ahmed (Dead) through LRs & Anr. v. Abdul Shukoor, the Supreme Court held that additional evidence inconsistent with the original pleadings cannot be admitted at the appellate stage under Order XLI, Rule 27 of the Code of Civil Procedure, 1908.

SC Reaffirms Necessity of Direct and Proximate Link for Abetment of Suicide Charge

By K Rajasekharan 19 August 2025Abetment of Suicide

In Abhinav Mohan Delkar v. The State of Maharashtra & Ors. [2025 INSC 990], the Supreme Court held that to sustain a charge under Section 306 of the Indian Penal Code, 1860, there must be a direct and proximate link between the alleged harassment and the act of suicide.

Members of Scheduled Caste will Lose Benefit When Converting to Other Religion

By K Rajasekharan 16 August 2025Constitutional law

In C. Selvarani vs. The Special Secretary Cum District Collector and Ors., the Supreme Court of India held that a person who converts to a religion with the sole intent of claiming reservation benefits is committing a fraud on the Constitution. Religious conversions undertaken for the purpose of gaining benefits of reservation compromise the integrity of the reservation system.

Power of Attorney Holder’s Role in Family Court Cases

By K Rajasekharan 15 August 2025Family, Marriage & Divorce

An individual involved in a Family Court matter may authorise another person to act as their agent through a Power of Attorney (POA). This instrument empowers the designated agent, or 'holder', to represent the principal's interests and perform specified acts. The legal framework governing this representation is robust, though subject to certain judicial safeguards and inherent limitations, particularly within the sensitive context of family law.

Distinction between Reportable and Non-Reportable Judgments

By K Rajasekharan 13 August 2025Constitutional law

The distinction between reportable and non-reportable judicial decisions is based on their precedential value and legal significance.

Daughter’s Coparcenary Right begins by Birth, even if Father Died Before 2005

By K Rajasekharan 11 August 2025Property & Succession

In Vineeta Sharma v. Rakesh Sharma [(2020) 9 SCC 1], a three-judge bench of the Supreme Court held that daughters acquire coparcenary rights by birth. Consequently, for a daughter to claim these coparcenary rights, her father need not have been alive when the Hindu Succession (Amendment) Act, 2005, came into force.

Writ Petitions Not Maintainable Against Private Companies in Banking

By K Rajasekharan 11 August 2025Constitutional law

In S. Shobha v. Muthoot Finance Ltd., the Supreme Court of India clarified that a private financial institution, such as Muthoot Finance, is not automatically considered a "State" under Article 12 of the Constitution, even if it is regulated by the Reserve Bank of India (RBI). Consequently, it is generally not subject to writ jurisdiction under Article 226, unless it is performing a public function.