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R.V.E. Venkatachala Gounder: Sole Exception to Established Rules on Document Admissibility?
Read Also: Mere Marking is Not Proof Vs. Waiver, if No Objection Jojy George Koduvath. Preponderance of Authority Mandates – Objections Be Raised at Trial, Not First Time in Appeal Core Propositions 1. R.V.E. Venkatachala Gounder v. Arulmigu Viswesaraswami & V.P. Temple, (2003) 8 SCC 752 (R.C. Lahoti, Ashok Bhan, JJ) is the sole and odd…
Mere Marking is Not Proof Vs. Waiver, if No Objection
“Mode of proof” of a document stands distinct from “inherent inadmissibility” (such as an un-stamped document) Saji Koduvath, Advocate, Kottayam. Part I Abstract If a document itself is ‘inherently inadmissible’ in evidence under law (e.g., an un-stamped document barred by the Stamp Act or evidence prohibited by statute), merely marking the document as an ‘exhibit’…
Death of a Party Before Judgment: When Does It Invalidate the Decree?
Also read: ‘Legal Representatives’, Not ‘Legal Heirs’ to be Impleaded on Death of Plaintiff/Defendant Plaintiff Institutes a Suit against a Person Who Had Already Died: Legal Consequences If a Sharer Dies & the LRs are Not Impleaded – Partition Suit as a Whole Abates. But the Court SHOULD Direct Either Side to Take Steps to Bring…
No Binding Precedent -If the Court Failed to Consider Relevant Statutory Provision, in Earlier Decision
Saji Koduvath Read Also: Res Judicata and Judicial Precedent Judicial Precedent and Res Judicata – a Couplet What is Binding Judicial Precedent – In a Nutshell Ratio Decidendi (alone) Forms a Precedent, Not a Final Order No Binding Force – If Judgment failed to notice a plain statutory provision In Mamleshwar Prasad v. Kanhaiya Lal, (1975) 2 SCC 232…
No Relief if No Prayer; No Relief outside Pleadings
Jojy George Koduvath. See also: Pleadings Should be Specific; Why? Mistake in Boundary or Survey Number will not Invalidate a Document; Insignificant Errors in Pleadings will not Disentitle a Decree Judicial Admissions in Pleadings: Admissible Proprio Vigore Against the Maker Pleadings are to be Considered as a Whole. When Lack of Pleadings Amounts to a Material Flaw? Pleadings in…
Can the Appeal Court Allow a Relief Not Appealed Against?
Jojy George Koduvath Summary Two reliefs prayed for in the suit. One is granted, and the other is refused. Appeal filed by the defendant alone – against the relief allowed. Can the refused relief be allowed by the appeal court, even though it is not appealed against? (i) it may become necessary to readjust the…
Plaintiff Institutes a Suit against a Person Who Had Already Died: Legal Consequences
Also Read: Death of a Party Before Judgment: When Does It Invalidate the Decree? ‘Legal Representatives’, Not ‘Legal Heirs’ to be Impleaded on Death of Plaintiff/Defendant If a Sharer Dies & the LRs are Not Impleaded – Partition Suit as a Whole Abates. But the Court SHOULD Direct Either Side to Take Steps to Bring in…
‘Rateable Distribution’: Law Designed to Ensure Fairness. Insights from Koshy Abraham v. Shaji, 2026:KER:20267.
Jojy George Koduvath. Abstract Section 73 CPC mandates Rateable Distribution among various Decree Holders. It is designed to ensure fairness. The decree-holder who brings the property to sale does not get a preferential share of the entire proceeds. There should be a Pending Execution Petition for getting Rateable Distribution. It is not obligatory for decree-holders…
Law on Overruling: Principles Established in an ‘Overruled’ Decision Remain Good Law If Left Untouched
Also Read: Ratio Decidendi (alone) Forms a Precedent; Not the Final Order or Conclusion Judicial Precedent and Res Judicata – a Couplet Res Judicata and Judicial Precedent No Res Judicata on Finding on Title in an Injunction Suit Res Judicata and Appeal: No Res Judicata on Adverse Findings, in a Favourable Decree No Res Judicata on Finding on Title in…
Critical Analysis of Bhag Singh v. Basant Kaur (2026 INSC 983)
Taken from: Bhag Singh Vs. Basant Kaur: ‘Plaintiff to Win on His Own Title’ Vs. ‘Each Party Must Succeed on the Strength of Its Own Title’ Jojy George Koduvath. Introduction In Bhag Singh (D) Thr. Mahant Kashmir Singh v. Basant Kaur, 2026 INSC 983; 2026 KHC(Online) 6699; 2026 KLT(Online) 4549, the Supreme Court held as…
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