Lawwatch : Legal Resources for Advocates

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 2026Civil Cases & ProceeduresNo 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 2026Civil Cases & ProceeduresNo 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.

“Mental Cruelty” in Matrimonial Cases: Supreme Court’s Illustrative Examples

By K Rajasekharan 12 September 2026Matrimonial and Maintenance CasesNo Comments

In Samar Ghosh v. Jaya Ghosh (2007), one of the most frequently cited judgments on mental cruelty, the Supreme Court observed that it is not possible to lay down a uniform standard for guidance when dealing with cases of "mental cruelty," and indicated the following illustrative but non-exhaustive examples:

What a Third Party or Victim Can Do When a Local Body Secretary Delays Demolition of an Unauthorised Building

By K Rajasekharan 11 September 2026Local Government LawsNo Comments

The Tribunal for Local Self Government Institutions, Thiruvananthapuram, frequently disposes of appeals filed against demolition orders not on merits, but by setting aside the Secretary's order on purely technical or procedural grounds, such as absence of a provisional order or notice under Section 235W(1)/(2) of the Kerala Panchayat Raj Act, 1994, or the corresponding Section 406(1)/(2) of the Kerala Municipality Act, 1994) and remanding the matter for fresh consideration.

Administrative and Quasi-judicial Authorities Must Issue Speaking Orders to Reduce Arbitrariness

By K Rajasekharan 10 September 2026Constitutional lawNo Comments

The Supreme Court in Kranti Associates (P) Ltd. v. Masood Ahmed Khan [(2010) 9 SCC 496] laid down the most comprehensive and authoritative summary of the law on recording of reasons by administrative and quasi-judicial authorities. In para 51 of the judgment, the Court distilled the entire line of precedent into eleven guiding principles on why reasons must be recorded.

Kerala’s Tribunal for Local Self Government May Use Conditional Remands in Building Demolition Appeals

By K Rajasekharan 6 September 2026Local Government LawsNo Comments

When a local government receives a complaint or finds that a building owner has erected an unauthorised building in violation of the building permit and building rules, it often invokes its demolition power under Section 406 of the Kerala Municipality Act, 1994 — but does so in haste, without following the prescribed procedure such as mandatory provisional notice, personal hearing, and drafting it ignoring the basic principles of natural justice.

Local Self Government Tribunal Must Issue Speaking Orders in Demolition Appeals: Kerala High Court

By K Rajasekharan 6 September 2026Local Government LawsNo Comments

The Kerala High Court, in Renjini K.K. v. Mannancherry Grama Panchayat & Ors. [2026:KER:33874], has reiterated that quasi-judicial tribunals cannot dispose of appeals through cryptic conclusions devoid of reasoning, holding that every adjudicatory authority must record clear reasons reflecting application of mind.