Dealing with Defamation in Civil Law

9 March 2023Posted inCivil law
Defamation is making or publishing any Imputation to harm the reputation of a person or body. It is a dishonest false statement to discredit or put disrepute on a person or body. In Indian law, defamation is both a civil wrong and a criminal offence. But this write up focuses on it as a civil wrong, even though its definition in Indian Penal Code (IPC) is given to clarify the concept behind it.

Protection of Women from Domestic Violence

8 March 2023Posted inFamily, Marriage & Divorce
The Protection of Women from Domestic Violence Act, 2005 (DV Act) provides a range of remedies in the civil law, to protect women from domestic violence and prevent its occurrence in future. The orders under the act are in the civil nature. But if the orders are neglected or violated by the defendant, such violation will turn into a criminal offence.

Registration of Marriages in Kerala

5 March 2023Posted inFamily, Marriage & Divorce
he marriages in Kerala are governed by personal laws such as Hindu, Christian, and Muslim marriage laws. but the registration of such marriages is governed by common rules: The Kerala Registration of Marriages (Common) Rules, 2008. It was the Supreme Court which in Seema v Aswani Kumar [2006 (1) KLT 791 (SC)] issued direction to all state Governments to formulate Rules for compulsory registration of marriages, irrespective of religion of the parties.

Removal of Public Nuisance by District Magistrate

26 February 2023Posted inCivil law
In urgent cases of imminent danger to property and consequent public nuisance, the District Magistrate (DM) or a Sub-Divisional Magistrate or any Executive Magistrate can exercise a ready procedure and issue a conditional order to remove public nuisance or such activities, under Section 133 of the Criminal Procedure Code (CRPC).

Law relating to Compensation in Vehicle Accidents

27 January 2023Posted inMotor Vehicles Act
The victims of motor vehicle accidents are eligible to get compensation, as a relief measure, under the Motor Vehicles Act, 1988 (MV Act). The M V Act lays out provision for establishment of Motor Accidents Claims Tribunal (MACT). MACT is empowered to adjudicate all claims relating to compensation in motor vehicle accidents, involving death, bodily injury or damage to property.

Demand is necessary to prove Bribe u/s 7 of PCA

12 January 2023Posted inCriminal law
Proof of demand of bribe by a public servant and its acceptance by him is sine qua non for establishing the offence of bribe taking, coming under Section 7 of the Prevention of Corruption Act, 1988 (PCA). This is what the Supreme Court says in Shanthamma K V v State of Telangana (Crl A No 261 of 2021).