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Survey Authorities Do Not Decide TITLE
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 Decide Title In Cochin Devaswom Board v. Union of India, 2023-6 KHC 328; 2023-5 KLT 706, it is held as under:…
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 The Kerala High Court held in Anu C.R v. State of Kerala, 2025(7) KHC 150; 2025(6) KLT (SN) 2 (G. Girish, J.), 16 October 2025, permitted the counsel for the accused to ask a prosecution witness, showing the photograph of the alleged place of occurrence, whether the photograph showed the interior…
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…
Does a Cheque-Case under NI Act Lie Against a Partnership/ Trust/ Society?
Saji Koduvath, Advocate, Kottayam. Abstract S. 141 of the NI Act Refers to “firm or other association of individuals” Section 141 of the NI Act speaks as to ‘Offences by Companies‘. It says: Then it is explained in this Section as under: Part I : PARTNERSHIP FIRM The Scope of the Explanation: “firm or other…
Dhanasingh Prabhu v. Chandrasekar: Partnership Firm Need Not be an Accused in S. 138 NI Act Complaint
Where a partner of a firm commits a breach, all the partners would be liable for the penalties arising therefrom. Saji Koduvath, Advocate, Kottayam Contents in a Nutshell Supreme Court of India (Nagarathna, Satish Chandra Sharma, JJ.) held in Dhanasingh Prabhu v. Chandrasekar, 2025 INSC 831 – Genesis of the Controversy Section 141 of the…
Mansi Finance (Chennai) Ltd. v. M. Lalitha: Cheque Bounce (NI Act) Cases: No Deemed Liability to the Directors of a Company or Society; The Complaint Must Disclose Factual Basis
Also read: Suits and Criminal Complaints By and Against a Company Jojy George Koduvath In M/s Mansi Finance (Chennai) Ltd. v. M. Lalitha, 2026 INSC 547, the issue was whether the complaint disclosed sufficient factual foundation (of offence) against each of the accused so as to justify continuation of the prosecution. Justice Prashant Kumar Mishra…
‘Absolute‘ Transfer of Property in a Will, with Stipulation: ‘If property Remains’ on Death of Transferee, it will Go to Another – If Valid?
Yes. Taken from: Interpretation of Inconsistent Clauses in a Will Saji Koduvath, Advocate, Kottayam The following important points require consideration in this regard: Various court decisions make it clear that one can validly transfer or bequeath a property to another, with absolute (in the sense, saleable) rights, with the stipulation that after that (first) transferee’s lifetime, if whole or…
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