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Presumption Under Sections 118 and 139 of the N I Act: Key Differences

By K Rajasekharan 20 May 2026Negotiable Instruments ActNo Comments

The core difference is that Section 118 presumes the existence of consideration (value/money changed hands), while Section 139 presumes the existence of a legally enforceable debt (the cheque was issued to pay off a specific liability).

What to Do When Receiving a Part Payment in a Cheque Dishonour Case

By K Rajasekharan 17 May 2026Negotiable Instruments ActNo Comments

When a part payment is received and admitted by the complainant during a subsisting prosecution under Section 138 of the Negotiable Instruments Act, 1881 ("NI Act"), the legally enforceable debt stands proportionately reduced. Since the dishonoured cheque no longer represents the full outstanding liability, the complainant is obliged to formally document the part payment, appropriately modify the claim before the Court, and thereafter either prosecute the case for the remaining balance or arrive at a settlement

Magistrates Issuing Orders of Maintenance Under the DV Act Must Specify the Provision Under Which Maintenance is Ordered

By K Rajasekharan 14 May 2026Matrimonial and Maintenance CasesNo Comments

In Shilpa v. K.K. Rajeevan & Another. [2024: KER:41790], Justice P.G. Ajithkumar of the Kerala High Court held that when Magistrates issue maintenance orders under Section 20(1)(d) of the Protection of Women from Domestic Violence Act, 2005 (DV Act), they must clearly specify whether the maintenance is granted under Section 125 of the Code of Criminal Procedure, 1973 (CrPC) or Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956 (HAMA).

A Certified Film Cannot Be Stayed on the Ground of Prejudicing a Pending Criminal Trial

By K Rajasekharan 14 May 2026Constitutional lawNo Comments

In Abdul Rahim H v. Union of India [2026 KER 31002], the Kerala High Court held that once the Central Board of Film Certification (CBFC) has cleared a film for public viewing, the court cannot prohibit its release solely because it is based on a pending criminal trial. The court dismissed the plea to stall the release of the film 'Kaalam Paranja Kadha' until the conclusion of the trial in 'Venjaramoodu mass murder case.'

Prior Sanction Not Required to Prosecute a Retired Public Servant Under Under PC Act

By K Rajasekharan 14 May 2026Sanction to Prosecute Govt ServantNo Comments

The Hon'ble Supreme Court of India, in State of Punjab v. Labh Singh, (2014) 16 SCC 807, has categorically held that prior sanction to prosecute a public servant for offences under the Prevention of Corruption Act, 1988 (hereinafter referred to as "the P.C. Act") is not required, if the accused public servant had already retired from service on the date on which the Court takes cognizance of the offence.

Revenue Records: Not Proof of Title or Ownership

By K Rajasekharan 12 May 2026Property & SuccessionNo Comments

In Vadiyala Prabhakar Rao & Ors. v. The Government of Andhra Pradesh & Ors [2026 INSC 450], the Supreme Court summarised the legal position regarding Revenue Entries and their effect on the question of title.

Right of the Legal Heir Over the Nominee on a Bank Deposit When Both Nominee and Legal Heir Become Claimants

By K Rajasekharan 11 May 2026Property & SuccessionNo Comments

Who is the legitimate claimant when the bank deposit or insurance amount of a deceased person is claimed simultaneously by both the nominee on the one hand and the legal heir on the other? The laws have no specific provision to differentiate between the legitimacy of a nominee and that of a legal heir in receiving the deposit or insurance amount of the deceased person. However, several case laws shed light on the issue. This question, which had led to inconsistent decisions by different courts in earlier years, now appears to be reasonably well settled.

Temporary Employees Cannot be Made Permanent: Constitutional Bench

By K Rajasekharan 10 May 2026Constitutional lawNo Comments

The Constitution Bench of the Supreme Court (SC), in the Secretary, State of Karnataka v Umadevi and Others [AIR 2006 SC 1806], categorically declared that making temporary employees permanent in government on whatever ground or reason is backdoor appointment and hence an unconstitutional act impermissible in the eyes of the law.

Dry Land Cannot Be Treated as Paddy Land Under the Paddy and Wetland Act Without Following Due Procedures

By K Rajasekharan 10 May 2026Kerala Paddy and Wetland Act 2008No Comments

The Division Bench of the Kerala High Court in Rebecca George W/o George vs Local Level Monitoring Committee (2025:KER:93926) firmly restricts the powers of the Local Level Monitoring Committee (LLMC) from arbitrarily including "Purayidam" (dry land/garden land) in the Data Bank as paddy land or wetland, while reaffirming the constitutional right to property under Article 300A of the Constitution of India, read with the Kerala Conservation of Paddy Land and Wetland Act, 2008.

A Child Born Within Four Months of Marriage Would be the Legitimate Child of the Mother’s Husband

By K Rajasekharan 10 May 2026Indian Evidence ActNo Comments

Even when the birth occurs within four months of the marriage, Section 112 of the Indian Evidence Act, 1872 raises a conclusive presumption as to the legitimacy of the child, unless it is proved that the parties to the marriage had no access to each other at any time when the child could have been conceived. The Kerala High Court observed this in Sujatha Krishnan vs Radha Mohandas [2025: KER:97956].