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Arjun Dass v. The State of Andhra Pradesh, 2026 INSC 592: Supreme Court Set Aside Removal of Mathadhipati, Finding Violation of Natural Rights
Saji Koduvath, Advocate, Kottayam. Key Takeaways Facts of the Case, in a Nutshell The following are the facts of Arjun Dass v. The State of Andhra Pradesh, decided on 29 May 2026, 2026 INSC 592 (J.K. Maheshwari, Atul S. Chandurkar, JJ.) in a nutshell. Main Issue – Principles of Natural Justice The main issue before…
In a Suit for Fixation of Boundary, Property of the Defendant Need Not be Scheduled
Jojy George Koduvath A ‘Boundary Fixation case’: K.N. Sukumaran Nair v. K.E. Parameswara Pillai The Kerala High Court, in K.N. Sukumaran Nair v. K.E. Parameswara Pillai (Sathish Ninan & P. Krishna Kumar, JJ.), May 25, 2026, found the following in a ‘boundary fixation case’ – 1. Plaintiff Need Not Know Details of the Property of…
Does a Cheque-Case under NI Act Lie Against a Partnership/ Trust/ Society?
Saji Koduvath, Advocate, Kottayam. Abstract S. 141 of the NI Act Refers to “firm or other association of individuals” Section 141 of the NI Act speaks as to ‘Offences by Companies‘. It says: Then it is explained in this Section as under: Part I : PARTNERSHIP FIRM The Scope of the Explanation: “firm or other…
Dhanasingh Prabhu v. Chandrasekar: Partnership Firm Need Not be an Accused in S. 138 NI Act Complaint
Where a partner of a firm commits a breach, all the partners would be liable for the penalties arising therefrom. Saji Koduvath, Advocate, Kottayam Contents in a Nutshell Supreme Court of India (Nagarathna, Satish Chandra Sharma, JJ.) held in Dhanasingh Prabhu v. Chandrasekar, 2025 INSC 831 – Genesis of the Controversy Section 141 of the…
Mansi Finance (Chennai) Ltd. v. M. Lalitha: Cheque Bounce (NI Act) Cases: No Deemed Liability to the Directors of a Company or Society; The Complaint Must Disclose Factual Basis
Also read: Suits and Criminal Complaints By and Against a Company Jojy George Koduvath In M/s Mansi Finance (Chennai) Ltd. v. M. Lalitha, 2026 INSC 547, the issue was whether the complaint disclosed sufficient factual foundation (of offence) against each of the accused so as to justify continuation of the prosecution. Justice Prashant Kumar Mishra…
‘Absolute‘ Transfer of Property in a Will, with Stipulation: ‘If property Remains’ on Death of Transferee, it will Go to Another – If Valid?
Yes. Taken from: Interpretation of Inconsistent Clauses in a Will Saji Koduvath, Advocate, Kottayam The following important points require consideration in this regard: Various court decisions make it clear that one can validly transfer or bequeath a property to another, with absolute (in the sense, saleable) rights, with the stipulation that after that (first) transferee’s lifetime, if whole or…
Parvathi Nairthi v. Laxmi Nairthy: A Will is a Legally Recognised Mode of Property Disposition; an Unregistered Will is Valid; Deprivation of Natural Heirs Does Not Amount to Suspicious Circumstance; A Will is not Required to be Proved with Mathematical Accuracy.
Jojy George Koduvath Key Findings The following are the key findings of the Supreme Court of India, in Parvathi Nairthi v. Laxmi Nairthy (Ujjal Bhuyan, Vijay Bishnoi, JJ.), 21 May 2026 (2026 INSC 521): Further Findings of the Apex Court Facts in a Nutshell Sheena Nairi, a Chartered Accountant, executed his last Will bequeathing the…
Vadiyala Prabhakar Rao v. The Government of AP: Title is Not Proved by Revenue Entries; Title Claims are Investigated by Civil Courts, Not by High Courts
The mere acceptance of municipal or agricultural taxes, or the granting of a bank loan based on these records, does not stop the State from challenging the ownership of the land. Saji Koduvath, Advocate, Kottayam In Vadiyala Prabhakar Rao v. The Government of Andhra Pradesh (Pankaj Mithal, S.V.N. Bhatti, JJ.), 2026 INSC 450, the Supreme…
Gratuitous Possession – Owner can Reclaim Even Without Knowledge of the Other
Jojy George Koduvath Gratuitous Possession – Owner can Reclaim Even Without Knowledge of the Other: In Anima Mallick v. Ajoy Kumar Roy (B.N. Kirpal and S.S.M. Quadri, JJ.), 2000-4 SCC 119, our Apex Court held that where the sister gave possession as gratuitous to her brother, the sister could reclaim such possession even without knowledge…
Suit on Possessory Remedy, Other side Admits Possession; Should the Will be Proved?
Jojy George Koduvath Suit on Possessory Remedy, Other side Admits Possession; Should the Will be Proved? No. Because proving the Will will be a surplusage. Read also: Possession is a Substantive Right: Possession by itself is a substantive right recognised by law. It is heritable and transferable, as explained in the following decisions – Possession Follows Title and Adverse Possession:…
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