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Electronic Evidence under S. 61, 62, 63 of the BSA
Saji Koduvath, Advocate, Kottayam. Introduction Sections 56 to 60 of the Bharatiya Sakshya Adhiniyam, 2023, deal generally with law on documents. they read as under: 1. Computer Output Shall Be Deemed To Be Also A Document Section 63, BSA speaks as to copy (computer output) – 2. S. 63: Computer Output (copy) Treated as an…
A Defective Legislative Piece as regards Documents “Admitted in Writing” in the (Old) Evidence Act is Corrected in S. 58 of the BSA
Saji Koduvath, Advocate, Kottayam. Abstract The Bharatiya Sakshya Adhiniyam, 2023, removes the anomaly that existed under the Indian Evidence Act, 1872. By expressly recognising “written admissions” as a distinct category of secondary evidence in Section 58, it makes the written admission referred to in Section 60(b) itself (e.g., “copy enclosed”) admissible as secondary evidence. Accordingly, where…
Can Transfer of Registry or Mutation and Payment of Tax be Denied, pointing out Revenue Recovery, Attachment or Bank Loan?
Jojy George Koduvath. Abstract Can Transfer of Registry or Mutation (and Payment of Tax) be Denied, pointing out Revenue Recovery, Attachment or Bank Loan?No, is the answer. Reasons # Mutation is only for fiscal (tax) purposes alone.# It is done not after a title enquiry.# Only a summary enquiry is made. # It is the duty of the Tahsildar to…
Can a Trust be Registered as a Society? Can a Society be Converted into a Trust?
Jojy George Koduvath Abstract A Trust cannot be registered as a Society; why?Both are different legal conceptions.A trust is an obligation, in law. A society is a collection of members.The fundamental principles upon which a trust is founded cannot be varied. A Society cannot be converted into a Trust; why?Because, the fundamental rules of a society…
Documents Produced With the Plaint are Treated As ‘Part of The Plaint’
Jojy George Koduvath Order 7 Rule 14 CPC Deals with the production of documents Order 7 Rule 14 CPC reads as under: Documents Produced With the Plaint are Treated As ‘Part of The Plaint’ When deciding an application under Order VII, Rule 11 (i.e., for rejection of the plaint) the Supreme Court observed in Dahiben…
Makardhwaj Ram v. Jagdish Rai, Valuable Decision of the Supreme Court on Constructive Res Judicata
Saji Koduvath, Advocate, Kottayam In Makardhwaj Ram v. Jagdish Rai, 2026 INSC 636, Supreme Court of India (Sanjay Karol, N. Kotiswar Singh, JJ.) rendered a valuable decision on Constructive Res judicata. Crux of the Decision Facts in a Nutshell Grounds in Appeal before the Supreme Court Res Judicata under Section 11 CPC Section 11 of the…
Can the Forest Tribunal Render a Finding on Title so as to Operate as Res Judicata?
No. In view of the AUTOMATIC vesting of private forests in the Government, the enquiry before the Forest Tribunal is confined to determining whether the land is a private forest or cultivated land. The Act does not contemplate a substantive adjudication of title. Any observation or finding on the TITLE is therefore merely incidental or…
Law on Travancore Grant Deeds
Jojy George Koduvath Contents in a Nutshell Grant denotes a right or privilege. Salmond includes it under ‘Classes of Agreements’.In Govt. Grants, the Land Continues to be Govt. Lands. Grant is subject to conditions and restrictions.Travancore-Grants are made under (various) Rules. It does not signify absolute ownership. Travancore Grant Deeds bear the caption “Title Deeds”.…
Copyright and Copyright Infringement – Indian Law
Jojy George Koduvath Abstract# Copyright is a Statutory Right (Governed under The Copyright Act, 1957).# No Copyright in an Idea or Theme of Work.# Violation of Copyright – Only If:—- It makes an Unmistakable Impression – Later work is a copy of the Original—- There is Fundamental or Substantial Similarity.—- Reproduction in any Material Form…
Survey and Revenue Authorities Do Not Decide TITLE
Title to be Established by Title Deeds, and Survey and Revenue Records can be Relied on to show Boundary and Possession Saji Koduvath, Advocate, Kottayam. Contents in a Nutshell Survey-Plan: Presumption under Section 82 BSA Section 82 of the Bharatiya Sakshya Adhiniyam, 2023, provides as under: Properties Identified on Title Deeds Survey Authorities Not to…
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