IndianLawLive
How to Subscribe Free
- Go to bottom of this page.
- Write Your Email Address in the column and Click the button “Subscribe”.
How to add IndianLawLive to Home Screen of Your Mobile Phone?
- 1. Click on the three DOTS (…) on the Right-Side Top of this Page.
- 2. Click “Add to Home Screen”.
Rejection of Plaint is a Procedural Termination, and Dismissal of Suit on Preliminary Issue is a Summary Decision on Merits
Saji Koduvath, Advocate, Kottayam. Introduction The following provisions of the Code of Civil Procedure, 1908, can be invoked by a defendant, to seek rejection or dismissal of a suit, at the threshold, without a trial: The following are the general provisions of law that may be invoked by a defendant for summary termination of a…
Can a Plaint be Rejected Invoking the Inherent Powers of the Court?
Yes, But Only in Exceptional Circumstances. Jojy George Koduvath. Introduction The following provisions of the Code of Civil Procedure, 1908, can be invoked by a defendant, to seek rejection or dismissal of a suit at the threshold, without a full-fledged trial: The following are the general provisions of law that may be invoked by a…
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: Land Owners’s Right for Compensation The right for the same arises in the following three instances. Sec.…
“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…
Something went wrong. Please refresh the page and/or try again.
Follow My Blog
Get new content delivered directly to your inbox.
Saji Koduvath Associates 