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What is Sec. 27 Evidence Act -Recovery or Discovery?

Saji Koduvath, Advocate, Kottayam & Jojy George Koduvath Abstract Section 27 of the Evidence Act Section 27 of the Evidence Act reads- Section 27 is Not Artistically Worded The Privy Council, in Pulukuri Kotayya v. King ­Emperor, AIR 1947 PC 67, (the ‘Best Known and Most Authoritative Decision’ in this subject, as shown below) observed that the…

by sajikoduvath

Recovery of Possession Based on Title and on Earlier Possession

Jojy George Koduvath Abstract of the Contents Plaintiff has to Win Suit for Recovery on Title, on the Strength of his Title In Vijay Pullarwar v. Shri Hanuman Deostan, (2019) 11 SCC 718, the suit for possession instituted by the plaintiffs trust on the basis of title, was found to be devoid of merits; for,…

by sajikoduvath

LAW ON INSUFFICIENTLY STAMPED DOCUMENTS 

Not to Admit Unstamped Documents Vs. Once Admitted, Cannot Question Saji Koduvath, Advocate, Kottayam. Introspection The following forceful propositions stand paradoxical and incongruent. It is yet to be resolved- Instruments Not Duly Stamped, Inadmissible Sec. 35, Indian Stamp Act reads as under: Unstamped document cannot be looked at even for any collateral purpose Privy Council in Ram Rattan v. Parma…

by sajikoduvath

Can a Commission be Appointed to Find Out the Physical Possession of a Property?

Taken from: Powers and Duties of Commissioners to Make Local Investigations, Under CPC Saji Koduvath, Advocate, Kottayam. Introduction Power of Courts to Issue Commissions Sec. 75. Power of Court to Issue Commissions Commissions to Make Local Investigations O 26 r 9. Commissions to make local investigations- O 26 r 10. Procedure of Commissioner- Can a Commission…

by sajikoduvath

Impounding of Documents – When Produced; Cannot Wait Till it is Exhibited

Copy of a Deed Cannot be Impounded Jojy George Koduvath, Kottayam. Introduction The word ‘Impound’, in law, means ‘to keep in custody of the law’. It is usually, now-a-days, used to denote the legal action taken by the Courts and other Officials when an unstamped or insufficiently stamped document is produced (by a party) before…

by sajikoduvath

Evidence in Court – General Principles

Jojy George Koduvath, Kottayam PART I INTRODUCTION “Evidence” includes “statements” of witnesses; “documents” like writings, email, photos; and “objects” exhibited in court. How evidence is to be tendered in court is determined by Civil Procedure Code and Criminal Procedure Code. What kind of facts or information is admissible in evidence as “proof” is decided by…

by sajikoduvath

Is Registered Power of Attorney Necessary for Registration of a Deed? No.

Is Notary Attested POA Sufficient? Yes. Saji Koduvath, Advocate, Kottayam. Introspection. Sec. 33 of the Registration Act states that the ‘power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar’ is necessary for presenting the document for registration ‘if the principal at the time of executing the power-of-attorney resides in any part of India’. Sec.…

by sajikoduvath

Foreign Divorce Judgment against Christians having Indian Domicile

Jojy George Koduvath. PART – I Foreign Divorce Judgment:  Sec. 13 of the Civil Procedure Code lays down the provision as to the applicability of the foreign judgment.  From Sec. 13 of the CPC it is clear – Sec. 13 reads as under: Competent Court – Decree ‘in accordance with the matrimonial law’ For accepting…

by sajikoduvath

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