Lawwatch : Legal Resources for Advocates

Signing Alone is Not Execution of a Cheque Under Section 138 of NI Act: The Critical Difference

By K Rajasekharan 26 September 2026Negotiable Instruments ActNo Comments

A common misconception among litigants—and sometimes even practitioners— in cases coming under Section 138 Negotiable Instruments (NI) Act is that once a signature on a cheque is admitted, the execution of the cheque is proved. However, the jurisprudence reveals that mere signing of a cheque does not amount to its execution. Execution is a multi-step legal reality that requires something more than the physical act of signing the cheque.

Pleadings vs. Counter Affidavits Under Code of Civil Procedure (CPC)

By K Rajasekharan 26 September 2026Code of Civil Procedure 1908 CPCNo Comments

In civil cases, litigants or lawyers often conflate pleadings with counter affidavits, even though under the Code of Civil Procedure, 1908 (CPC), these two documents are legally distinct ones.

Condonation of Delay Under Section 5 of the Limitation Act: Guidelines

By K Rajasekharan 24 September 2026Limitation Act and Condonation of DelayNo Comments

In Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy and Others, [2013 INSC 620], the Supreme Court laid down consolidated guidelines for condoning delay in filing appeals and other proceedings under Section 5 of the Limitation Act, 1963,

Ancestral Property Will Become Self-Acquired After Its Division

By K Rajasekharan 24 September 2026Property & SuccessionNo Comments

In Uttam v. Saubhag Singh & Ors., AIR 2016 SC 1169, the Supreme Court held that once joint family property is distributed under Section 8 of the Hindu Succession Act on principles of intestate succession, it ceases to retain its character as joint family property in the hands of those who inherit it — they hold it thereafter as tenants-in-common, not as joint tenants, reading Sections 4, 8, and 19 of the Act together.

Financial Institutions Should Not Repossess Hypothecated Vehicles by Force: Supreme Court

By K Rajasekharan 24 September 2026Code of Civil Procedure 1908 CPCNo Comments

In Hari Dutta Sharma v. State of UP [2026: INSC: 1040], the Supreme Court held that a financier's right to repossess a hypothecated vehicle cannot be exercised through force, deceit, or in violation of the loan agreement's terms. Instead, the recovery of loans and seizure of vehicles must be carried out through proper legal means.

An Advocate Can Sign and File an Appeal Suit Without the Client’s Signature

By K Rajasekharan 21 September 2026Code of Civil Procedure 1908 CPCNo Comments

An advocate who conducted a civil suit in the trial court can validly sign and file a memorandum of appeal without obtaining the physical signature of the client, provided that the trial advocate continues to represent the client at the appellate stage under the Code of Civil Procedure (CPC), 1908. However, as a matter of prudence, it is always advisable to obtain the client’s signature to prevent unexpected defects or objections from the court’s registry.

Exhaust Alternate Remedies before DRT and DRAT under SARFAESI Prior to Filing Writ Petition

By K Rajasekharan 19 September 2026UncategorizedNo Comments

The Supreme Court has consistently held that High Courts should not entertain writ petitions under Article 226 of the Constitution when an efficacious statutory remedy is available under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) before the Debts Recovery Tribunal (DRT) and Debts Recovery Appellate Tribunal (DRAT).

Advocates Must Avoid Filing Defective Vakalatnamas: Supreme Court

By K Rajasekharan 17 September 2026Code of Civil Procedure 1908 CPCNo Comments

In Uday Shankar Triyar v. Ram Kalewar Prasad Singh & Anr [AIR 2006 SC 269], the Supreme Court observed that defective Vakalatnamas are routinely filed in courts and directed advocates to prevent the filing of such defective documents.

Evicting a Tenant from a Private Tenanted Building for State’s Road Widening Project

By K Rajasekharan 17 September 2026Code of Civil Procedure 1908 CPCNo Comments

To legally evict a tenant, who has secured a temporary injunction against a road-widening project, the landlord must follow a valid legal process to dismiss the injunction, evict the tenant and recover the property. A landlord cannot use force; they must file an application to vacate the injunction and initiate a formal eviction proceeding in tune with the state's compulsory acquisition requirement.

Intestate Succession to a Hindu Woman’s Property: When She Leaves Behind her Husband and a Son

By K Rajasekharan 16 September 2026Property & SuccessionNo Comments

When a Hindu woman dies without making a will (intestate), leaving behind her husband and children (sons and/or daughters, including the children of any predeceased child), her property devolves simultaneously and in equal shares among them under Section 15(1)(a) read with Section 16 of the Hindu Succession Act, 1956.