Survey Officer can decide Boundaries, but not the Title

Posted inCode of Civil Procedure 1908 CPC, Property & Succession
Under Section 9 of the Kerala Survey and Boundary Act 1961 (KSBA), the survey officer has the power to determine and record any boundary as undisputed in respect of which no dispute is brought to his notice. However, they cannot decide the question of a disputed title which a court alone can do. This is what the High Court of Kerala says in Thomas and Others v Philip [ 2022 (4) KHC 451].

Can a Cheque be Paid after the Death of its Maker?

Posted inNegotiable Instruments Act
A cheque which has been issued by a person but presented by the drawee after his death, cannot be paid by the bank. On the death of the drawer of a cheque, the cheque issued by him ceases to be a valid cheque. The reason is that on the moment of the death of the drawer of the cheque the balance amount available on his bank account will vests in his nominee or legal heir.

Watching or Sharing Sexual Materials: Is it a Crime?

Posted inCrimes Against Women
Watching the pornographic content, except child rape or child pornography or violence against women, in a private space is not at all illegal in India. But sharing and distribution of such content/material is illegal. However, watching the pornographic content such as child rape, child pornography, or violence against women, in a private space itself is a criminal offence.

Custodial Interrogation not required is no Ground to allow Bail

Posted inBail & Related matters
Even if custodial interrogation is not required by the prosecution, then that would not be a sound reason to grant anticipatory bail. The need for custodial interrogation is a relevant aspect to be considered in anticipatory bail petitions. But that is not the only ground that the courts need to consider while deciding any application for anticipatory bail. In many cases, custodial interrogation of the accused may not be required at all. But that does not mean that the accused might be granted anticipatory bail.

Modified Procedures of Family Courts in Kerala

Posted inFamily, Marriage & Divorce
In order to reduce the inordinate delay in disposal of cases by the Family Courts in the Kerala State, the High Court of Kerala issued the following general directions, in Shiju Joy v Nisha and a batch of petitions, decided on 23rd March 2021. The High Court has powers to frame rules for the functioning of the Family Courts in regard to the procedures to be followed by them.

Method of Proving the Age of the Child Victim

Posted inCode of Criminal Procedures (CrPC)
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;