Lawwatch : Legal Resources for Learners

Different Stages of a Civil Suit : An Overview

By K Rajasekharan 12 July 2025Civil law

Every suit shall be instituted by presenting a plaint in duplicate to the court which has jurisdiction to try the suit and is the lowest in grade competent to try it. The detailed rules, governing the presentation of a plaint, are included in Order VI and VII of the Civil Procedure Code, 1973 (CPC).

Courts Need not Order DNA Test to Determine Paternity even If Mother Agrees

By K Rajasekharan 9 July 2025Family, Marriage & Divorce

Even if a mother agrees to get done the DNA profiling test of her child to ascertain its paternity, the courts must still act as the 'custodian' of the rights of the child and consider the pros and cons of the said test before calling upon the minor to undergo the test, says the Bombay High Court in SKP v KSP [2025: BHC-NAG:6350].

Uncultivable Paddy Lands can be Removed from Data Bank: HC

By K Rajasekharan 7 July 2025Paddy and Wetland Act

In Dr Satheeshsankaranarayanannamboothiri v State of Kerala [2025:KER:40084] the Kerala High Court decided that a property that remains irreparably fragmented by government acquisition, lies landlocked by roads and fallow with the scattered vegetation, and continues to remain unsuitable for cultivation, cannot be classified as paddy or wetland under the Kerala Conservation of Paddy and Wetland, 2008 & its Rules.

Arrears of Rent up to Notice Period alone can be Claimed u/s 11 (2) (b) of the Kerala Rent Control Act

By K Rajasekharan 6 July 2025Lease & Rent Control

An order under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (BRC Act) should specify the period in which the rent fell in arrears till the date of demand notice and the monthly rent payable, says the High Court of Kerala in Thomas Stephen v Fort in Infra Developers Pvt Ltd [MANU/KE/1521/2017].

Sale of Minor’s Property under Guardians & Wards Act

By K Rajasekharan 6 July 2025Property & Succession

Any property or a share in any joint property owned by a minor, cannot be sold or disposed of by other means, by the natural guardian of the minor, without taking permission from the court. The disposal of property of a minor or creating a charge on it, by the natural guardian under Hindu law is governed by Section 8 of HMGA and Section 29 of the HMGA.

Unregistered Sale Agreements are Admissible as Evidence in Suits for Specific Performance

By K Rajasekharan 28 June 2025Property & Succession

Unregistered sale agreements, while not transferring ownership, are admissible as evidence in a suit for specific performance to establish the existence of a contract. This admissibility is governed by the interplay between Section 17 and Section 49 of the Registration Act. However, such agreements cannot be used to claim ownership or title to the property without a decree for specific performance, as held by the High Court of Kerala in Shaju v. Victory Granite Bricks Pvt. Ltd. & Another [2025:KER:45599].

Wife Entitled to Maintenance Despite Having Some Job

By K Rajasekharan 27 June 2025Family, Marriage & Divorce

Just because a wife is earning does not mean that she can be deprived of the support from her husband with the same standard of living to which she was accustomed to after her marriage, says the Bombay High Court, in KPS v PSS [2025:BHC-AS:25107].

Courts Should not Stay Conviction of Corrupt Public Servants: SC

By K Rajasekharan 27 June 2025Corruption & Bribery cases

The courts should refrain from staying conviction of public servants who have been convicted on charges of corruption, under the Prevention of Corruption Act, 1988, says the Supreme Court (SC) in Raghunath Bansropan Pandey v. State of Gujarat.

A Counter Claim Must be Filed Before Framing Issues

By K Rajasekharan 22 June 2025Civil law

In Ashok Kumar Kalra v Wing Commander Surendra Agnihotri [2019 (4) KLT 790], the Supreme Court (SC) held that while a counterclaim need not always be filed along with the written statement, it must not be entertained once the suit has substantially progressed.

Parents Need Not Let Son & Daughter-In-Law Stay in their House Against their Wishes

By K Rajasekharan 22 June 2025Civil law

The Aurangabad bench of the Bombay High Court has recently held, in Chandiram Anandram Hemnani v Senior Citizens Appellate Tribunal [2025:BHC-AUG:15227], that elderly parents cannot be compelled to let son & daughter-In-law stay in their house against their wishes.

State Universities Cannot Insist on Equivalence Certificate from IGNOU or Other National Institutes

By K Rajasekharan 22 June 2025Others

The High Court of Kerala clarified in a judgment, in Harisankar S. v State of Kerala & Others [2025:KER:43507], that state universities cannot insist on equivalence on certificate from National Institutions, National Universities such as Indira Gandhi Open University (IGNOU) and other institutions recognized by the University Gants Commission (UGC).