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Survey Plan and Area Calculation: A Cursory Look
Saji Koduvath, Advocate, Kottayam. Introduction A survey plan shows the shape and size of a property. It helps in calculating the area of the land. In survey plans, two types of lines are commonly seen—continuous lines and broken (or dashed) lines. Alongside the survey plan, we also find the field book (or ladder). Continuous and…
Admissibility and Proof of (i) Photographs and (ii) Copies of Videos, Invoking “Silent Witness” Theory
Saji Koduvath, Advocate, Kottayam. Key Points at a Glance Presumptions on Photographs and Videos Section 119 of the Bharatiya Sakshya Adhiniyam (Section 114 of the Evidence Act) allows the Court to A photograph or a video, by its very nature, speaks for itself. The law does not require the proponent to disprove every possibility of…
What is the Period of Limitation for a Suit on a Promissory Note?
Jojy George Koduvath Does the Cause of Action Arise only on a ‘Demand’? No is the answer. The ‘Cause of Action’ and the ‘Limitation’ begin from the date of the promissory note itself, unless – Relevant Provision: Article 35, Limitation Act, 1963 The period of limitation for a suit on a promissory note payable on…
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.),…
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