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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 Res Judicata under Section 11 CPC Section 11 of the Code of Civil Procedure…
Can the Forest Tribunal Render a Finding on Title so as to Operate as Res Judicata?
No. Because of the automatic vesting of all private forests in Govt., the principal enquiry (by the FT) is whether the land is a private FOREST or whether it is cultivated land. Title enquiry is not contemplated under the Act. Saji Koduvath, Advocate, Kottayam. Part I Introduction The authoritative modern decisions reflect a ‘strict and…
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…
Is a Section 63(4) Certificate an Essential Prerequisite for the Admission of a Photograph (Computer output) in Evidence?
Answer: No. Saji Koduvath, Advocate, Kottayam. Contents in a Nutshell Neither (i) the production of a certificate under Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023, nor (ii) the examination of the photographer, is an indispensable requirement for proving a photograph (Computer output) where its authenticity is admitted by the witness or the opposite party.…
Rama S/o Gunda Malkapure v. The State of Maharashtra held -Property Rights Cannot be Taken Away on Technical Grounds of Delay
Jojy George Koduvath Legal Findings in a Nutshell Rama S/o Gunda Malkapure v. The State of Maharashtra The Bombay High Court (Siddheshwar S. Thombre, J.), Aurangabad Bench, in Rama S/o Gunda Malkapure v. The State of Maharashtra, 2026:BHC-AUG:20436, quashed and set aside the Order of the Minister upholding the property rights of the landowners, under…
Is Anu C.R. v. State of Kerala Correctly Decided? Can a Witness be Confronted with a Photograph During Cross-Examination Without its Prior Production?
Saji Koduvath, Advocate, Kottayam Preface The Kerala High Court, in Anu C.R. v. State of Kerala, 2025(7) KHC 150; 2025(6) KLT (SN) 2 (G. Girish, J.), allowed the defence counsel to confront a prosecution witness with a photograph of the alleged scene of occurrence and inquire whether the photograph represented the interior of the building…
Arjun Dass v. The State of AP: Natural Justice Violation in Removal of Mathadhipati
Saji Koduvath, Advocate, Kottayam. Key Takeaways Facts of the Case, in a Nutshell The following are the facts of Arjun Dass v. The State of Andhra Pradesh, decided on 29 May 2026, 2026 INSC 592 (J.K. Maheshwari, Atul S. Chandurkar, JJ.), in a nutshell. Disciplinary Step – 1 Disciplinary Step – 2 Disciplinary Step -…
In a Suit for Fixation of Boundary, Property of the Defendant Need Not be Scheduled
Jojy George Koduvath A ‘Boundary Fixation case’: K.N. Sukumaran Nair v. K.E. Parameswara Pillai The Kerala High Court, in K.N. Sukumaran Nair v. K.E. Parameswara Pillai (Sathish Ninan & P. Krishna Kumar, JJ.), May 25, 2026, found the following in a ‘boundary fixation case’ – 1. Plaintiff Need Not Know Details of the Property of…
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