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Divergent Decisions of Co-Equal Benches and Doctrine of Decisions ‘PER INCURIAM’
Saji Koduvath, Advocate, Kottayam Abstract Per Incuriam – If Not Obeyed Provision In A Statute or Earlier Judgment “Incuria” literally means “carelessness”. Per Incuriam gives the idea – ‘out of ignorance’. Black’s Law Dictionary, explains ‘per incuriam’ as under: A Judgment rendered in total ignorance of law or earlier decision alone constitutes the principles of per incuriam; erroneous appreciation…
Principles of Rejection of Plaint under Order VII Rule 11 CPC
Saji Koduvath, Advocate, Kottayam. Part I Principles of Rejection of Plaint under Order VII Rule 11 CPC The principles of rejection of plaint under Order VII Rule 11 CPC is authoritatively laid down in Dahiben v. Arvindbhai Kalyanji Bhanusali, (2020) 7 SCC 366. It can be summarised as under: Dahiben v. Arvindbhai Kalyanji Bhanusali (Gajra),…
Adjournment of Meetings and Polling of Associations
Saji Koduvath, Advocate, Kottayam. Part I Adjournment of Meeting: The right is vested in the Assembly itself In Deodutt Sharma v. Zahoor Ahmed Zaid (AIR 1960 Raj 25) it is held: Deodutt Sharma v. Zahoor Ahmed Zaid is referred to in the following decisions: In Kantilal J. Sanghavi v. Vinay Sharma, (P.N. Bhagwati, T.U. Mehta, JJ.) 1971 GujLR…
Suit and Counterclaim – No Necessity of Two Decrees; No Need for Two Appeals: Basudev v. Sanjay Kumar
Saji Koduvath, Advocate, Kottayam. Abstract The Supreme Court of India, in Basudev v. Sanjay Kumar (11 August, 2026), 2026 INSC 831 (J. B. Pardiwala, Vinod Chandran, JJ.) considered following questions – Findings in a Nutshell It is pointed out by the Apex Court – there is no necessity of two decrees. The reasocn cited…
Marking Secondary Evidence Without Objection: Two Apparently Divergent Views on Waiver and the Mode of Proof of Documents
Saji Koduvath, Advocate, Kottayam. Introspection The Supreme Court of India indisputably makes it clear — where a secondary evidence is sought to be admitted on the basis of an admission (by the opposite party), such admission must be either – The Supreme Court has authoritatively held that the mere marking of a document in evidence—in…
Kannan v. Adisiva (2026) Requires Reconsideration: Section 465 CrPC Appears to Have Been Misread
Saji Koduvath, Advocate, Kottayam. Part 1 Section 465 of the Code of Criminal Procedure reads as follows: “465. Finding or sentence when reversible by reason of error, omission or irregularity — (1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court…
Suit Dismissed for Default: No Appeal Lies—Only Restoration under Order IX Rule 13 CPC; If the Restoration Petition is Dismissed for Default, it too can be Restored
Saji Koduvath, Advocate, Kottayam. Legal Propositions in a Nutshell Restoration Petition Dismissed for Default. Application to restore it is akin to O 9, r 9 The Supreme Court, in Jaswant Singh v. Parkash Kaur, AIR 2017 SC 5275; 2018-12 SCC 249, held as under: Referring Jaswant Singh v. Parkash Kaur : AIR 2017 SC 5275,…
Contours of ‘Bona Fide Requirement’ in Recovery Proceedings under Rent Control Enactments
Saji Koduvath, Advocate, Kottayam. The Supreme Court of India examined the contours of ‘bona fide requirement’, in Recovery Proceedings under Rent Control Enactments, in Madan Mohan v. Thakar Dass, July 21, 2026, 2026 INSC 730 (Sanjay Karol, Augustine George Masih, JJ.), as under:
In Harrisons Malayalam Ltd. v. State of Kerala (2026:KER:19290), it is Held: No Findings on Title in the Previous Decision – Harrisons Malayalam Ltd. v. State of Kerala, 2018 (2) KLT 369
Taken from: Saji Koduvath, Advocate, Kottayam. Introduction The High Court of Kerala, in Harrisons Malayalam Ltd. v. State of Kerala and others (Anil K. Narendran & S. Muralee Krishna, JJ.), discussed, inter alia, on 5th March 2026 (2026:KER:19290), the following with respect to the payment of Land Tax by the petitioner, Harrisons Malayalam Ltd.: Contention…
Title Deed Lost and Certified Copy Unavailable: The Law Does Not Leave the Owner Without a Remedy
Taken from: Saji Koduvath, Advocate, Kottayam. Other Secondary Evidence Admissible Even if Regn. Copy Destroyed The Madras High Court recognised that where both the original title deed and the registration copy maintained by the registering authority have perished, the law does not fail merely because a certified copy cannot be produced. In Kottaichamy v. Kannan…
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