Transfer of property Act ,1882 - regarding immovable property

By Adv. SUDHEESH S KUMAR

 

I am a Legal professional - practicing as a counsel before the High Court of Kerala and the Trial Courts Mainly in Kottayam Zone. I graduated with a bachelor’s degree in Bachelor of Commerce from Mahatma Gandhi University (2014-17) and a bachelor’s degree in law from University of Calicut (2018-21). From November 2021 onwards till July 2022 , I was a Junior trainee at the Firm Tharakan and George Associates. Now I am an Associate Litigator at Tharakan and George Associates. Civil Commercial litigation, Consumer Litigation , Drafting of Legal Documents , Preparation of Title deeds , Registration of Firms and Society are my primary areas of practice. Opinions expressed by me here are in my personal capacity, and may not be conclusive. My LinkedIn profile is available at https://www.linkedin.com/in/adv-sudheesh-s-kumar-632977234/

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RIGHT TO BE FORGOTTEN AND RIGHT TO BE LET ALONE

By Adv. SUDHEESH S KUMAR
Right to be forgotten is the right of every individual not to be injured out of another’s acts of constant recalling of past deeds. Now the above said doctrine has been used to uphold the reputation of persons by removing the private information about him from internet sites and social Medias. Shakespeare made it clear in Othello: Act II, Scene iii that a good name, or reputation, is valuable for its owner. Stealing the reputation of one, does not make another rich. But he, who loses reputation, suffers damage. In 2019, through the personal date protection Bill the right to privacy has been a legally accepted recognizable right. But the bill has not been passed yet. After the decision on ‘Right to Privacy’ rendered by the Supreme Court of India in J. KS Puttaswami v. Union of India,  (2017) 10 SCC 1 , various High Courts upheld the rights arising from ‘right to be forgotten’, based on the dogma on ‘Right to Privacy’. The following are the land-mark decisions on ...
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Examination of Accused During Trial (section 313 of Criminal Procedure, 1973 )

By Adv. SUDHEESH S KUMAR
This article will scrutinize Sec 313 of the Code of Criminal Procedure, 1973 which talks about accused person examination. The section is based upon the natural justice principle and made for the purpose of enabling the accused personally to explain circumstances appearing in the evidence against him. Recently the Supreme Court in Reena Hazarika v. the State of Assam , 2018 SCC OnLine SC 2281, decided on 31-10-2018 held that Section 313 cannot be seen simply as part of Audi alteram partem. It confers a valuable right upon an accused to establish his innocence and can well be considered beyond a statutory right as a constitutional right to a fair trial under Article 21 of the Constitution, even if it is not to be considered as a piece of substantive evidence, not being on oath under Section 313 (2). As per section 313(1)(a) -  The court may examine the accused at any stage of the trial and put necessary questions to the accused without warning. As per section 313(1)(b) -  T...
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CONSTITUTIONAL MORALITY AND THE CHANGING DIMENSION

By Adv. SUDHEESH S KUMAR
Constitutional morality is the adherence to the principles of constitutional values. it changes from time to time. Some of the constitutional values are democracy, secularism, equality of status and opportunities, liberty of speech and expression, liberty of belief, and equal protection. Therefore constitutional morality is rooted in the Constitution itself. Constitutional moralities are developing in accordance with the changes in society. Society does not remain static and changes with due process of time and requires the law and judicial developments to keep going with them. The judiciary upheld constitutional morality through various decisions. They are: In the case, NALSA  v. Union of India the apex court recognized the 3rd gender community. ie, transgender persons. The said case makes a very great impact on society. prior to the decisions those people did not get any acceptance in the society. Now they have been given recognition. today in every application like an applicatio...
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What Happens When A Child is Produced Before The Court As A Witness?

By Adv. SUDHEESH S KUMAR
The witness is one of the key players in the justice delivery system. He comes to help the court in reaching the correct point of the matter and to administer justice. Hence his statements are of paramount importance. According to Bentham, witnesses are the eyes and ears of justice. A witness is an individual who has seen a crime being committed and is able to give evidence in court. Chapter IX of the Indian evidence Act deal with competency, compellability, privileges and quantity of witnesses required for judicial decisions. Section 118 of the Act states that all persons shall be competent to testify unless the court considers that they are prevented from understanding the questions and unable to give rational answers to those questions. Thus, every person is competent to be a witness. It is the discretion of the court to see whether the person is capable of understanding the questions and his ability to give rational answers to those questions. Even a lunatic is not declared as inco...
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Chief Justice of India NV Ramana questioned Attorney General “This was the law used to silence Mahatma Gandhi. Do you think it is needed after 75 years of Independence”? - section 124A IPC

By Adv. SUDHEESH S KUMAR
Recently the Supreme Court expressed its serious concern and criticised the continuation of Section 124A IPC (Sedition) in India. A Bench led by Chief Justice of India NV Ramana questioned Attorney General Venu Gopal  “This was the law used to silence Mahatma Gandhi. Do you think it is needed after 75 years of Independence”? The Court orally observed that the power to misuse this law is enormous. It’s like giving a saw to a carpenter who cuts down the entire forest. The law of Sedition is defined in section 124A of IPC and was introduced a d drafted by Macaulay in 1890. It is defined as an offence against government which is committed when any person by words, either spoken or written or by signs or pictorial representation bring hatred or contempt or disaffection against government.  Sedition is a non-bailable offence. Punishment under the law varies from imprisonment up to three years to a life term and fine. A person charged under this law can't apply for a government job. ...
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The requirement of reasonableness runs like a golden thread through the entire fabric of fundamental rights.

By Adv. SUDHEESH S KUMAR
The part III of the constitution enshrines the backbone of our democratic system which is the fundamental rights. Article 13 establishes the supremacy of fundamental rights by declaring that all laws which are inconsistent with or against fundamental rights shall be void to the extent of the inconsistency.   A law must incorporate the principles of natural justice and if a law deprives a person of his fundamental rights without complying with the rules of natural Justice could not be held as valid and it lacks reasonableness which is the core of the fundamental rights.    Article 21 of the constitution says that: “No person shall be deprived of his life or personal liberty except according to the procedure establish by law”. Also, personal liberty is one of the most important of all fundamental rights. The restriction upon freedoms can be only imposed if they are reasonable. Hence a restriction to be constitutionally valid must be satisfying the following 2 tests: 1...
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Why hijab ‘isn’t an essential part of Islam’: hijab verdict of Karnataka High Court

By Adv. SUDHEESH S KUMAR
The concept of secularism mentioned in the preamble of the Constitution considers secularism as neither anti God nor pro god, it treats alike the devout, the antagonistic and the atheist. Worshipping God should be according to the dictates of one's own conscience.  In Aruna Roy v. Union of India ,  court quoted gandhiji who said "The real meaning of secularism is sarva dharma sambhav meaning equal treatment and respect for all religions. But we have misunderstood the meaning of secularism as sarva dharma abhav meaning negation of all religions". On 2 December 1948, Dr Ambedkar acknowledged that religious conceptions in India “cover every aspect of life, from birth to death”. However, he added, “There is nothing extraordinary in saying that we ought to strive hereafter to limit the definition of religion in such a manner that we shall not extend it beyond beliefs and such rituals as may be connected with ceremonials which are essentially religious.” Essentially religious’ ...
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The provision which has not been forgotten: dead-letter law.

By Adv. SUDHEESH S KUMAR
  Recently there was a discussion that happened before the bench of justices Maheshwari and Aniruddha bose, relating to section 97 of the criminal procedure code. The case has been filed under Article 32 by the petitioner (husband) contenting his wife has been wrongfully detained by her family because they are against their marriage. the bench asked the counsel why they are not approached the high court and the counsel replied  was due to covid situation high court is giving hearing dates after 3-4 month and the trial court is also not mostly functioning. the court asked why cannot take recourse to section 97 Cr. P.C. the court remarked that section 97 has become a dead letter in the code because of the short-cuts.  Our usual point of view is that if a person has been wrongfully confined or detained or missing the only way of remedy is to file a habeas corpus before apex court or high court. but there are other remedies that are more effective and speedy than moving with ...
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THE FROZEN SEDITION LAW : SECTION 124A IPC

By Adv. SUDHEESH S KUMAR
The Supreme Court on Wednesday to keep court proceedings under section 124A of IPC in abeyance has the effect of temporarily erasing the colonial provision from the statute book while the union reexamines it. It was argued in court that nearly 13000 people were already in jail under the sedition provision. National crime records bureau (NCRB) report says 356 cases of sedition under section 124A of IPC had been registered and 548 people arrested between 2015 &2020 with just 6 convictions. Section 124 A of IPC, which criminalizes any speech, writing, or representation that excites disaffection against the government. The Indian experiences shows that whenever the court dilutes the harshness of penal provisions in a balancing approach, instead of striking down the entire provision, the instrumentalities of the state (police, prosecution, and court) continue to overuse or misuse the provision. The judgment of the top court in Kedar Nath Singh  V. State of Bihar (AIR 1962 SC...
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INTERVENTIONS MADE BY THE JUDICIARY FOR FINDING THE TRUTH IN ENCOUNTER KILLINGS.

By Adv. SUDHEESH S KUMAR
Encounter Killings violate the fundamental rights of criminals as every person has a right to life and liberty which can only be deprived following the procedure established by law under Article 21 of the Constitution. This right extends to all persons without exception, including a fair investigation and trial even if a person is accused of a heinous crime thereby safeguarding the equality before law under Article 14. There is a procedure prescribed by the law for criminal investigation which is embedded in the Constitution under Article 21 as the Right to Life and Personal Liberty. It is fundamental, non-derogable, and available to every person. Even the State cannot violate that right. Hence, it is the responsibility of the police, being the officers of the State, to follow the Constitutional principles and uphold the Right to Life of every individual whether an innocent one or a criminal.   In Gian Kaur vs The State Of Punjab held, the right to life does not include the ri...
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