Lawwatch : Legal Resources for Learners

A Son, Who attained Majority, has no Right in Father’s Property

By K Rajasekharan 14 April 2025Property & Succession

A legal heir, such as the wife, son daughter etc, has no right in the self-acquired property of any of his/her parents so long as they are alive. The owner of the self-acquired property can dispose of the self-acquired property in any manner he wishes to do.

Civil Miscellaneous Appeal (CMA) or an Appeal from an Interlocutory Order

By K Rajasekharan 14 April 2025Civil law

The Section 104 of the Code of Civil Procedure (CPC) and the Order 43 of the CPC enlists the orders against which appeal can be filed. No other order other than those expressly provided in the above provisions in the CPC can be appealed against before a higher court.

Granting Anticipatory Bail : SC Guidelines

By K Rajasekharan 13 April 2025Criminal law

A great ignominy, humiliation and disgrace is attached to arrest. Arrest leads to many serious consequences not only for the accused but for the entire family and at times for the entire community, says the Supreme Court (SC) in Bhadresh Bipinbhai Sheth v State of Gujarat & Another [ AIR 2015 SC 3090].

Wife holds Some Job is no Ground to Deny her Maintenance: HC

By K Rajasekharan 10 April 2025Family, Marriage & Divorce

The Kerala High Court says, in Jayaprakash E P v Sheney P & Connected Case [2025:KER:5702], that even if the wife holds a temporary job and earns some income, it does not disentitle her from claiming maintenance from her husband, provided she claims that her income is insufficient for her maintenance.

Registration of a Sale Deed Cannot be Declined for Not Producing Prior Deeds

By K Rajasekharan 8 April 2025Property & Succession

For registration of a sale deed, prior deeds are not essential The Registration Act, 1908 does not authorize the Registering Authority to deny registration of a sale or transfer deed on the ground that the seller's title documents are not produced or that the seller’s title is unproven, says the Supreme Court (SC) in K. Gopi v The Sub-Registrar & Others [2025 INSC 462].

When a Party to a Suit dies, any Party can Apply for Substitution

By K Rajasekharan 7 April 2025Civil law

The principles to guide courts while considering applications for setting aside abatement and consequent impleading are laid down by the Supreme Court (SC) Om Prakash Gupta Alias Lalloowa (Now Deceased) v Satish Chandra (Now Deceased) based on the judicial precedents.

A Case Must be Decided on Merit Unless the Litigant Makes Lapses

By K Rajasekharan 7 April 2025Civil law

The Supreme Court (SC) in its judgment in Mithailal Dalsangar Singh v Annabai Devram Kini says that the courts have to adopt a justice-oriented approach dictated by the uppermost consideration that ordinarily a litigant ought not to be denied an opportunity of having a case determined on merits unless he has, by gross negligence, deliberate inaction or something akin to misconduct, disentitled himself from seeking the indulgence of the court.

Mutual Consent Divorce under Section 13B of the Hindu Marriage Act

By K Rajasekharan 6 April 2025Family, Marriage & Divorce

Mutual Consent Divorce is the quickest form of divorce for an irreparably broken marriage. It is the divorce sought and obtained from the family court by consenting spouses, preferably by filing a joint petition. Divorce is normally sought only when the husband and wife do not want to live together in a matrimonial relation any longer.

Disciplinary Action against an Officer Need not be Initiated by the Appointing Authority

By K Rajasekharan 2 April 2025Others

The Appointing Authority need not initiate disciplinary proceedings against a civil servant. The appointing authority need not always required to initiate disciplinary proceedings against a state employee, says the Supreme Court (SC) in The State of Jharkhand & Others v Rukma Kesh Mishra [2025 INSC 412].

Abetment of Suicide can be Charged only When the Harassment Leaves no Alternative but Suicide

By K Rajasekharan 31 March 2025Criminal law

Abetment of suicide can be charged against a person only when the alleged harassment should be of such nature that it leaves the victim with no other alternative but to end their life, says the Supreme Court (SC) in Mahendra Awase v The State of Madhya Pradesh [2025 INSC 76], and Ayyub & Others v State of Uttar Pradesh & Another [2025 INSC 168].

No Sex & No Care by Husband May Lead to Divorce

By K Rajasekharan 30 March 2025Family, Marriage & Divorce

In a judgement in xxx v xxx [2025:KER:25098], Kerala High Court ordered divorce on the ground of cruelty, specifically due to persistent neglect, lack of affection, and denial of conjugal rights without valid reasons which caused severe mental trauma to the spouse.

A Cognizable Offence must be Reported to the Police before Making a Private Complaint about it to the Magistrate

By K Rajasekharan 26 March 2025Criminal law

A person aggrieved by a cognizable offence committed by someone else must first inform the officer in charge of a police station, who is required to record it in writing, read it back to the informant, and obtain their signature, under Section 154(1) of the Code of Criminal Proceedure,1967 (CrPC), says the Supreme Court ( SC) in Ranjit Singh Bath & Anr. v Union Territory Chandigarh & Anr.