Lawwatch : Legal Resources for Advocates

Appeal by Complainant in case of Acquittal

By K Rajasekharan 22 September 2021Code of Criminal Procedures (CrPC)

Appeal against an order of acquittal is an extra ordinary remedy. It would put the already exonerated accused once again under shade of suspicion and troubles. Therefore, some restrictions are there in the appeal provisions.

Maintenance for Wife, Children & Parents u/s 125 CrPC

By K Rajasekharan 19 September 2021Code of Criminal Procedures (CrPC), Family, Marriage & Divorce, Matrimonial and Maintenance Cases

Wife, children and parents are eligible to claim maintenance in the form of monthly rate under Section 125 of the Criminal Procedure Code, 1973 (CrPC). To claim maintenance, a wife, child or Parent will have to file an application before the Magistrate. The Magistrate will grant such maintenance as he thinks fit.

Filing false Declaration may end up in loosing Job

By K Rajasekharan 18 September 2021Uncategorized

An employee who made a false declaration and/or suppressed the material fact of his involvement in a criminal case shall not be entitled to an appointment or to continue in service as a matter of right, says the Supreme Court.

How can a Hindu Marry a non-Hindu?

By K Rajasekharan 17 September 2021Family, Marriage & Divorce

A person belonging to Hindu religion can marry a person belonging to the Hindu religion only Under Hindu marriage Act, 1955 (HMA). The HMA is applicable to persons belonging to the Hindu, Budhist, Jaina, or Sikh religion but not applicable to a Muslim or Christian. But under Special Marriage Act, 1954 (SMA) allows a Hindu person marrying a non-Hindu person such as a Christian or Muslim. It is called as Special Marriage.

Custody of the Child & Its Legal aspects

By K Rajasekharan 15 September 2021Family, Marriage & Divorce

Custody of the child turns into a hotly disputed issue in almost every proceeding for divorce or judicial separation. Child custody refers to the process of controlling, caring and maintenance of the child in respect to its education, development, and medical, emotional, & physical wellbeing.

Police not to use Disrespectful Words to Citizens

By K Rajasekharan 11 September 2021Code of Criminal Procedures (CrPC)

Use of disrespectful words like “Eda”, “Edi” and “Nee” to address citizens is impermissible, the High Court of Kerala says in an order issued on 3rd September 2021 in Anil J S v State of Kerala by Justice Devan Ramachandran.

Paying Land Tax Doesn’t Make the Taxpayer the Land Owner

By K Rajasekharan 9 September 2021Property & Succession

Simply having your name listed in the government's land tax records (like Jama Bandis) for a property doesn't make you the legal owner, the Supreme Court stated in State of Punjab & Others v Bhagwantpal Singh alias Bhagwant Singh ( (Deceased) through Legal Heirs [2024 INSC 518].

When a Judgement becomes Operative?

By K Rajasekharan 2 September 2021Constitutional law

The decision which is pronounced or intimated must be a declaration of the mind of the court as it is at the time of pronouncement. The mode or manner of delivery is unimportant but it must be done in a judicial way in open court. It must be an expression of the mind of the court at the time of delivery. That is the first judicial act touching the judgment which the court performs after the hearing.

A High Court can Stay a Central Law & Make it Inoperative

By K Rajasekharan 22 August 2021Constitutional law

In 2004, the Supreme Court (SC) in Kusum Ingots and Alloys Ltd. v Union of India [(2004) 6 SCC 254] held that a High Court can pass an order in regard to the constitutionality of a Law of Parliament, it will have effect in the entire territory of India, where the law is applicable. In the above case, the Division Bench of the SC held that an order passed on a writ petition questioning the constitutionality of a Parliamentary Act, whether interim or final, will have effect throughout the territory of India subject to the applicability of the Act.