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Adverse Possession, in a Nutshell, is: Dispossession + Admission + Denial + Animus.
Dispossession Jojy George Koduvath Abstract Article 65 of the Indian Limitation Act, 1963 provides 12 years as the limitation period for recovery of immovable property on the basis of TITLE, starting from the period – “when the possession of the defendant becomes adverse to the plaintiff. When Indian law Accepts ‘Possession’ as “Adverse”1. Actual dispossession…
Law on Survey Commission in Civil Suits
Saji Koduvath, Advocate, Kottayam Power of Courts to Issue Commissions Courts derive power to issue Commissions from Sec. 75 CPC. It reads as under: Sec. 75. Power of Court to Issue Commissions Commissions to Make Local Investigations Order 26 rules 9 and 10 deal with appointment of Commissions to make local investigations. They read as…
A GRANT Must be Construed Most Strongly Against the Grantor
Jojy George Koduvath Introduction The general principles of interpretation of ‘grant’ is seen in the Privy Council decision -Basiram Saha Roy v. Ram Ratan Roy, AIR 1927 PC 117; 1926 54 Law Reports Ind.App. 196. It reads as under: Part I Grant is controlled by the terms and conditions of the Grant A right of…
Chinmaya Mission Educational & Cultural Trust v. Sree Hari R. Menon, 2026 KER 56668 (CR): A Suit Cannot be Rejected if there is a ‘Cause of Action’, for the Plaint discloses One ESSENTIAL FACT that Gives Rise to a ‘Right to Sue’
Read also: Principles of Rejection of Plaint under Order VII Rule 11 CPC Saji Koduvath, Advocate, Kottayam. Abstract Ratio Decidendi of Chinmaya Mission Educational & Cultural Trust, 2026 KER 56668: The High Court of Kerala (Syam Kumar V.M., J) considered what constitutes ‘Cause of Action’ under Order VII rule 11 CPC (plaint rejection). It found -•…
Disciplinary Proceedings Against Employees of Societies and other Autonomous Establishments
Saji Koduvath, Advocate, Kottayam. Contents•• 1. SUSPENSION•• 2. DISCIPLINARY SUB-COMMITTEE •• 3. FACT-FINDING ENQUIRY•• 4. “SHOW-CAUSE NOTICE” •• 5. CHARGES•• 6. ENQUIRY•• 7. PUNISHMENT•• 8. APPEAL Introduction Indian courts consistently apply fundamental common law principles and natural justice to disciplinary proceedings against employees of societies and autonomous institutions. In Kerala, these general standards are statutorily…
Civil Court to Adjudicate Title; Land Tribunal to Fix Tenancy; Taluk Land Board to Determine Plantation Exemption
Abstract Civil court alone to find disputes on title It is observed in M/S Radha Krishan Industries v. The State of Himachal Pradesh, 2021 SCC OnLine SC 334, that where there are disputed questions of fact, the High Court may decide to decline jurisdiction in a writ petition (Art. 226); and it is pointed out that…
Registration of a Document Relates Back to the Date when it was Executed
Saji Koduvath, Advocate, Kottayam Section 47 of The Registration Act, 1908 reads thus:“47. Time from which registered document operates – A registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration.” Legal effect…
Plea of Easement by Express Grant and Easement of Necessity: Mutually Exclusive and Destructive
If claimed in the alternative, confine to one at least at trial. Saji Koduvath, Advocate, Kottayam Abstract •• Distinct Legal Origins: The legal foundations for an easement by express grant and an easement of necessity are distinct. An easement of necessity under Section 13 of the Indian Easements Act, 1882 arises solely from absolute necessity (i.e.,…
Divergent Decisions of COEQUAL BENCHES and Doctrine of PER INCURIAM
Saji Koduvath, Advocate, Kottayam Abstract •• The General Law in India: Judgment is rendered in ignorance of an earlier decision of a co-equal (coordinate) Bench will be ‘per incuriam’. Such decisions will not have any precedential value or binding force on any subsequent decision. (Bilkis Yakub Rasool v. Union of India, (2024) 5 SCC 481).…
Principles of Rejection of Plaint under Order VII Rule 11 CPC: Dahiben v. Arvindbhai Kalyanji Bhanusali, (2020) 7 SCC 366
Read also: Chinmaya Mission Educational & Cultural Trust v. Sree Hari R. Menon, 2026 KER 56668 (CR): A Suit Cannot be Rejected if there is a ‘Cause of Action’, for the Plaint discloses One ESSENTIAL FACT that Gives Rise to a ‘Right to Sue’ Saji Koduvath, Advocate, Kottayam. Part I Principles of Rejection of Plaint under…
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