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Is Registration of a Deed, Notice to Government?
Saji Koduvath, Advocate, Kottayam. Is Registration of a Deed, Notice to Government? No. The act of registration cannot be equated with service of notice upon the State. For the above, it cannot be said – the Sub Registrar receives or accepts notice on behalf of the Government. Does Registration of a Deed Confer Knowledge to…
Shanti Devi v. Jagan Devi, 2025 INSC 1105; Accamma Sam Jacob v. The State of Karnataka, 2026 INSC 362)
Fraudulent or Void Transaction: Is ‘Declaration’ Required? The Supreme Court Says No 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…
Maurice W. Innis v. Lily Kazrooni – Executing Court Executes Decree as it Stands, Without any Modification. It cannot Go Beyond or Vary its Term
Saji Koduvath, Advocate, Kottayam. S. 47 CPC Deals with – Questions to be Determined by the Executing Court The executing court executes a decree: Section 47 of Code of Civil Procedure provides – ‘all questions arising between the parties’ and relating to the execution are to be determined by the Executing Court. Section 47, CPC, reads as…
Channappa v. Parvatewwa Critically Analysed: Suit Dismissed for Order II Rule 2 Bar and Constructive Res Judicata – For No ‘Consequential Declaration’ on Title, in the Earlier Suit
Saji Koduvath, Advocate, Kottayam. Points Decided in Channappa v. Parvatewwa, 2026 INSC 343 1. Adverse IA Orders can be challenged in Appeal from Decree: Once an Order is passed in an Interlocutory Application in a suit, it stands as res judicata at its subsequent stages, including the appeal, revision, etc. 2. Order II Rule 2,…
Applicability of Res Judicata on IA Orders (at Different Stages of the Same Suit)
Jojy George Koduvath Abstract IA Orders are Conclusive Determination of the Issue Raised In Satyadhyan Ghosal v. Deorajin Debi, AIR 1960 SC 941, it was observed as under: In Hope Plantations Ltd. v. Taluk Land Board, Peermade, 1999 (5) SCC 590, it was held that if an issue has been decided at an earlier stage…
M.V. Ramachandrasa v. Mahendra Watch Company, 2026 INSC 348: Decision on Subletting Without Consent of Landlord
Jojy George Koduvath In M.V. Ramachandrasa v. Mahendra Watch Company, 2026 INSC 348, the Supreme Court of India (Ahsanuddin Amanullah, R. Mahadevan, JJ.), considered two questions of substantial importance. ‘No’ was the answer given by the Apex Court in the first question. The findings, on eviction on the ground ‘sub-letting’, in a nutshell, is that…
Illegal, Mistaken or Fraudulent Registration of Deed, and Subsequent Mutation: No Adverse Possession
Adverse Possession is the Denial of Title of the True Owner. Mistaken or Fraudulent Possession will Not be ‘Adverse’. Jojy George Koduvath Abstract Illegal, mistaken or fraudulent registration of a deed, and subsequent mutation will not perfect adverse possession. Because, Also Read: How to Plead Adverse Possession? Adverse Possession: An Evolving Concept. Part I Adverse Possession: When…
Admissibility of Electronic Evidence: Section 61 of the BSA Permits Oral Evidence (Overriding Arjun Panditrao)
Proof by way of S. 63(4) Certificate is Optional. Saji Koduvath, Advocate, Kottayam. Introduction Section 61 of the Bharatiya Sakshya Adhiniyam, 2023, is a new provision. It was not in the Indian Evidence Act, 1872. Section 61, Adhiniyam says – the “admissibility” of evidence shall not be ‘denied’ merely on the ground that it is…
Law on Electronic Evidence in India: A Comparative Analysis with Other Jurisdictions
Saji Koduvath, Advocate, Kottayam. Indian Law in a Nutshell Section 61 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) reads as under: In Shafhi Mohammad v. State of Himachal Pradesh, AIR 2018 SC 714; 2018-2 SCC 801, our Supreme Court observed as under: S. 63 of the BSA Speaks about Admissibility of Electronic Records Sub-sections (1)…
Can the Court Issue a Second Commission without Setting Aside the First Commission Report?
Answer: Yes. Saji Koduvath, Advocate, Kottayam. Part I Apparent Legal Position 1. There is no bar to issuing a second commission if the court finds – 2. For issuing a second commission, the first commission report need not be set aside. Because, Divergent Views Settled in Laly Joseph v. K.U. Francis Laly Joseph @ Laly…
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