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Do the Plantation-Tenants have a Right to Seek ‘Assignment’ of the Entire Plantation-Tenancy-Land, beyond the Ceiling Limit (under Purchase Certificates)?
Are Such Tenants Entitled for Full Compensation if the Land is Acquired? ‘No’ is the Answer. Saji Koduvath, Advocate, Kottayam Contents in a Nutshell Relevant Provisions of Law Legal Right Conferred by the StatuteFrom the above, it is clear: The Policy of the KLR ActSection 83, lays down the policy of the Act – No person “be permitted…
“Once a Mortgage Always a Mortgage”: Usufructuary Mortgage is ‘Always’ Redeemable; Limitation of 30 Years NOT Applicable.
Jojy George Koduvath Legal Principles In Singh Ram v. Sheo Ram, AIR 2014 SC 3447; 2014-9 SCC 185, the above propositions are laid down as under – This decision (Singh Ram v. Sheo Ram, AIR 2014 SC 3447; 2014-9 SCC 185) is followed in – How to Subscribe ‘IndianLawLive’? Click here – “How to Subscribe free “ Read in…
Contents of a Document are to be Proved in Court by Producing Original or Secondary Evidence
Jojy George Koduvath Also Read: Oral Evidence on Contents of Document, Irrelevant Abstract. 1. The contents of a document cannot be proved by oral evidence. The document itself must be produced. (Sections 61 and 62 of the Evidence Act). 2. Secondary evidence can be given if permitted under Sections 65 of the Evidence Act, read…
Fraudulent or Void Transaction: Is ‘Declaration’ Required? The Supreme Court Says No (in Shanti Devi v. Jagan Devi, 2025 INSC 1105).
Saji Koduvath, Advocate, Kottayam. A Seeming Conflict Between Two Decisions In the earlier decision in Hussain Ahmed Choudhury v. Habibur Rahman, 2025 SCC OnLine SC 892 (J.B. Pardiwala, R. Mahadevan JJ.), it was clearly opined, as regards an assailed instrument, as under: However, in the subsequent decision in Shanti Devi v. Jagan Devi, 2025 INSC 1105 (per Pardiwala…
Did the Supreme Court Depart From its Earlier Position in Hussain Ahmed Choudhury v. Habibur Rahman, 2025 SCC OnLine SC 892, in its Subsequent Decision in Shanti Devi v. Jagan Devi, 2025 INSC 1105?
Saji Koduvath, Advocate, Kottayam. A Seeming Conflict Between Two Decisions In Hussain Ahmed Choudhury v. Habibur Rahman, 2025 SCC OnLine SC 892 (J.B. Pardiwala, R. Mahadevan JJ.), it was clearly opined, as regards an assailed instrument, as under: However, in the subsequent decision in Shanti Devi v. Jagan Devi, 2025 INSC 1105 (per Pardiwala and Mahadevan JJ.),…
Pleadings are to be Considered as a Whole. When Lack of Pleadings Amounts to a Material Flaw?
Jojy George Koduvath Abstract: Why ‘Particulars’ are Insisted in Pleadings Classic Rulings on this Subject Fundamental Rules of Pleadings The Supreme Court of India pointed out, in Kusum Lata Sharma v. Arvind Singh, AIR 2023 SC 3067, the fundamental rules of pleadings, as under: The Apex Court (Kusum Lata Sharma v. Arvind Singh, AIR 2023…
Foundational or Crucial Documents Be Produced Along With the Plaint or WS. Why?
Order VII Rule 14(3) and Order VIII Rule 1A C.P.C Confer Power to Receive Documents if ‘Good Cause’ is shown for the Late Production of the Documents Jojy George Koduvath PART I Why should foundational or crucial documents be produced along with the plaint or WS? CPC also mandates the production of all remaining documents…
The Doctrine of ‘Prima Facie Case’ in Criminal Cases
Jojy George Koduvath. Preface The term ‘prima facie’ has been authoritatively explained by the Supreme Court in Balvir Singh v. State of Uttarakhand, AIR 2023 SC 5551, wherein the Court laid down the meaning and scope of the words as under: Introduction: The doctrine of ‘prima facie Case’ arises for consideration in various stages of…
Sadiq B. Hanchinmani v. The State of Karnataka: Supreme Court held – Prima Facie Case as to Commission of Cognizable Offence, Merit Police Investigation
Saji Koduvath, Advocate, Kottayam. Introduction These were the matters discussed by the Supreme Court of India, in Sadiq B. Hanchinmani v. The State of Karnataka, 4 November 2025 (Ahsanuddin Amanullah, Pankaj Mithal, JJ.). Also Read: The Doctrine of ‘Prima Facie Case’ in Criminal Cases Facts of the case A Rent Agreement produced by the accused, on…
Trusts and Trust Deeds
Saji Koduvath, Advocate, Kottayam. Introduction A trust is what its authors or founders intended, as revealed from the deed of dedication, if any, or on other substantial evidence. In CIT v. Kamala Town Trust, AIR 1996 SC 620, 1996-7 SCC 349, it is pointed out as under: The trustee is bound to fulfil the purpose…
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