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”.
How to Find a Topic in the Articles in ‘IndianLawLive’?
- In Google-Search, give (i) the “required word” or “phrase” and also (ii) “Koduvath” – in Quotation marks ( “………” “Koduvath” ).
- Contact: (+) 9400230025
In a Suit for Fixation of Boundary, Property of the Defendant Need Not be Scheduled
Jojy George Koduvath 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 the Defendant 2. O. VII r. 3 CPC – Property Description…
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:…
Dharmendra Kalra v. Kulvinder Singh Bhatia: Striking off defence under Order XV Rule 5 CPC (U.P. Amendment): Consequence is Drastic; Mere Denial of the Landlord–Tenant Relationship Not Absolve Tenant from the Statutory Obligation to Deposit Rent
Saji Koduvath, Advocate, Kottayam Order XV Rule 5 CPC (U.P. Amendment) The Rule 5 (U.P. Amendment) reads as under: 5. Striking off defence on failure to deposit admitted rent, etc. Order XV Rule 5 (U.P. Amendment) Anabysed Order XV Rule 5 (U.P. Amendment) applies in a suit for: Dharmendra Kalra v. Kulvinder Singh Bhatia Supreme…
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 