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Registration of a Document Relates Back to the Date when it was Executed

Saji Koduvath, Advocate, Kottayam Section 47 of The Registration Act, 1908 reads thus:“47. Time from which registered document operates – A registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration.” Legal effect…

by sajikoduvath

Plea of Easement by Express Grant and Easement of Necessity: Mutually Exclusive and Destructive

If claimed in the alternative, confine to one at least at trial. Saji Koduvath, Advocate, Kottayam Abstract •• Distinct Legal Origins: The legal foundations for an easement by express grant and an easement of necessity are distinct. An easement of necessity under Section 13 of the Indian Easements Act, 1882 arises solely from absolute necessity (i.e.,…

by sajikoduvath

Divergent Decisions of COEQUAL BENCHES and Doctrine of PER INCURIAM

Saji Koduvath, Advocate, Kottayam Abstract •• The General Law in India: If a judgment is rendered in ignorance of an earlier decision of a co-equal (coordinate) Bench, it will be ‘per incuriam’. Such decisions will not have any precedential value or binding force on any subsequent decision. (Bilkis Yakub Rasool v. Union of India, (2024)…

by sajikoduvath

Principles of Rejection of Plaint under Order VII Rule 11 CPC

Saji Koduvath, Advocate, Kottayam. Part I Principles of Rejection of Plaint under Order VII Rule 11 CPC The principles of rejection of plaint under Order VII Rule 11 CPC is authoritatively laid down in Dahiben v. Arvindbhai Kalyanji Bhanusali, (2020) 7 SCC 366. It can be summarised as under: Dahiben v. Arvindbhai Kalyanji Bhanusali (Gajra),…

by sajikoduvath

Adjournment of Election Meetings of Associations and of Polling

Saji Koduvath, Advocate, Kottayam. AbstractThe right to adjourn a meeting is vested in the assembly itself unless there are particular regulations which vest this power in the chairman. If voting has not started, generally there will be no difficulty in postponing/adjourn­ing the election to another date, provided the constitution/bye-laws or the authority conducting the election permits…

by sajikoduvath

Suit and Counterclaim: Supreme Court held in Basudev v. Sanjay Kumar – No Necessity of Two Decrees; No Need for Two Appeals

Saji Koduvath, Advocate, Kottayam. Abstract • The Supreme Court of India, in Basudev v. Sanjay Kumar (11 August, 2026), 2026 INSC 831, considered following questions –  (i) Whether in every situation where a suit and a counterclaim are disposed of by a single judgment, two decrees should be drawn up; and(ii) If two decrees were…

by sajikoduvath

Marking Secondary Evidence Without Objection: Two Apparently Divergent Views on Waiver and the Mode of Proof of Documents

Saji Koduvath, Advocate, Kottayam. Introspection The Supreme Court of India indisputably makes it clear — where a secondary evidence is sought to be admitted on the basis of an admission (by the opposite party), such admission must be either – The Supreme Court has authoritatively held that the mere marking of a document in evidence—in…

by sajikoduvath

Kannan v. Adisiva (2026) Requires Reconsideration: Section 465 CrPC Appears to Have Been Misread

Saji Koduvath, Advocate, Kottayam. Part 1 Section 465 of the Code of Criminal Procedure reads as follows: “465. Finding or sentence when reversible by reason of error, omission or irregularity — (1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court…

by sajikoduvath

Suit Dismissed for Default: No Appeal Lies—Only Restoration under Order IX Rule 13 CPC; If the Restoration Petition is Dismissed for Default, it too can be Restored

Saji Koduvath, Advocate, Kottayam. Legal Propositions in a Nutshell Restoration Petition Dismissed for Default. Application to restore it is akin to O 9, r 9 The Supreme Court, in Jaswant Singh v. Parkash Kaur, AIR 2017 SC 5275; 2018-12 SCC 249, held as under: Referring Jaswant Singh v. Parkash Kaur : AIR 2017 SC 5275,…

by sajikoduvath

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