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Pendente Lite Transferee Cannot Resist or Obstruct Execution of a Decree
Jojy George Koduvath. O. XXI r. 102, CPC bars placing obstruction by pendente lite transferees Rule 99 of Order XXI of the CPC says that where any person other than the judgment debtor is dispossessed, he can make an application complaining of such dispossession. Rule 101 directs that all questions (including questions relating to right,…
Easement Simplified
Saji Koduvath, Advocate, Kottayam. “An easement is a Right” Easement Does Not Confer Ownership or Possession Easement is Well Recognised; but Circumscribed by Law According to ‘Katiyar on Easements’: Easement – Definition under the Indian Easements Act SECTION 4 of the Indian Easements Act defines Easements as under: Salient Limitations of Easement under the Indian…
“Otherwise Through an Account” in Section 142, NI Act
Jojy George Koduvath. Taken from the Blog: Where to file Cheque Bounce Cases (Jurisdiction of Court – to file NI Act Complaint)? The Negotiable Instruments Act, 1881, Sub Sec. (2) of Sec. 142 reads as under: The words ‘otherwise through an account’ requires explanation. It can be simplified as under: How to Subscribe ‘IndianLawLiveFree’? Click here…
No Application Needed for Filing or Admitting Copy of Document
Taken from the Blog: Secondary Evidence of Documents & Objections to Admissibility – How & When? Saji Koduvath, Advocate, Kottayam. No Application Needed for Filing or Admitting Secondary Evidence Section 65of the Evidence Act permits secondary evidence in the circumstances or contingencies mentioned therein. The admissibility of the evidence, and the question whether the conditions for leading the secondary…
Sale Deeds Without Consideration – Void
Jojy George Koduvath. Sale Deeds Without Consideration – Void According to Sec. 54 of the Transfer of Property Act, 1882, ‘sale’ is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. If a sale deed is executed without payment of price, it is not a sale. It is of…
Burden of Proof – Initial Burden and Shifting Onus of Proof
Saji Koduvath, Advocate, Kottayam & Jojy George Koduvath, Kottayam. Taken from: Rules on Burden of proof and Adverse Inference Key Takeaways Abstract – Primary Principles on Burden of Proof ‘Onus Probandi’ and Sec. 106 of the Evidence Act The Latin maxim, Onus Probandi, means ‘burden of proof’. This maxim generally conveys the rule and impression…
What is Collateral Purpose?
Jojy George Koduvath, Kottayam. Introspection Does the law allow to use unstamped or insufficiently stamped document in evidence? NoSec. 35 of the Indian Stamp Act is the relevant provision. But, it can be used for collateral purposes; or the substantive purpose after payment of penalty (except promissory note). Does the law allow to use unregistered…
N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd. and Ground Realities of Indian Situation in Arbitration Process
Taken from: No Valid Arbitration Agreement ‘Exists’ – Can Arbitration Clause be Invoked? Jojy George Koduvath & Saji Koduvath, Kottayam. Contents in a Nutshell PART I N.N. Global Mercantile v. Indo Unique Flame – Contentions, in Substance The legal disputes in N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd., 2023 SCC OnLine SC 495, was placed…
No Valid Arbitration Agreement ‘Exists’ – Can Arbitration Clause be Invoked?
No; Courts to make a “Finding”, Prima Facie, as to Existence of a Valid Arb. Agreement, for ‘Reference to, or Appointment of’, Arbitrator. Jojy George Koduvath & Saji Koduvath Advocate, Kottayam. PART – I Contents in a Nutshell Appointment of Arbitrators, Before 2015 Sec. 16(1)(a) of the Arbitration and Conciliation Act, 1996 provides that the…
What are Arbitrable Disputes?What are Non-Arbitrable Disputes? When does a Dispute, in spite of Arbitration Clause, Not Referred to Arbitration?
Jojy George Koduvath. Introspection Non-arbitrable matters Existence of a valid, binding and concluded arbitration agreement is necessary for appointment of an arbitrator by the court. Following are non-arbitrable matters – Sec. 7(3) of the Arbitration Act – Arbitration arises from a Specific Written Contract In Harsha Construction v. Union of India, (2014) 9 SCC 246,…
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