Read in this cluster (Click on the topic):
Civil Suits: Procedure & Principles
Book No, 1 – Civil Procedure Code
- Order IX Rule 9 CPC: Earlier Suit for Injunction; Subsequent Suit for Recovery & Injunction – No Bar
- H. Anjanappa v. A. Prabhakar: An ‘Aggrieved’ Stranger or a ‘Prejudicially Affected’ Third-Party (also) Can File Appeal with the ‘Leave of the Court’.
- Replication, Rejoinder and Amendment of Pleadings
- Can a Suit be Withdrawn in Appeal, on the Ground that Appeal is Continuation of the Suit?
- Does Registration of a Document give Notice to the Whole World?
- Suit under Sec. 6, Specific Relief Act – Is it a ‘Summary Suit’ under Order XXXVII CPC?
- Is it Mandatory to Lift the Attachment on Dismissal of the Suit? Will the Attachment Orders Get Revived on Restoration of Suit?
- Will Interlocutory Orders and Applications Get Revived on Restoration of Suit?
- Can an ‘Ex-parte’ Defendant Cross Examine Plaintiff’s Witness?
- Proof on ‘Truth of Contents’ of Documents, in Indian Evidence Act
- Civil Rights and Jurisdiction of Civil Courts
- Res Judicata and Constructive Res Judicata
- Order II, Rule 2 CPC – Not to Vex Defendants Twice
- A Land Mark Decision on Order II rule 2, CPC – Cuddalore Powergen Corporation Ltd. v. Chemplast Cuddalore Vinyls Ltd., Neutral Citation: 2025 INSC 73
- Order I rule 8, CPC (Representative Suit) When and How? Whether Order I rule 8 Decree is Enforceable in Execution?
- Pleadings Should be Specific; Why?
- Pleadings in Defamation Suits
- Previous Owner is Not a Necessary Party in a Recovery Suit
- UNDUE INFLUENCE and PLEADINGS thereof in Indian Law
- PLEADINGS IN ELECTION MATTERS
- Declaration and Injunction
- Law on Summons to Defendants and Witnesses
- Notice to Produce Documents in Civil Cases
- Production of Documents: Order 11, Rule 14 & Rule 12
- Sec. 91 CPC and Suits Against Wrongful Acts
- Remedies Under Sec. 92 CPC
- Mandatory Injunction – Law and Principles
- INJUNCTION is a ‘Possessory Remedy’ in Indian Law
- Interrogatories: When Court Allows, When Rejects?
- Decree in OI R8 CPC-Suit & Eo-Nomine Parties
- Pecuniary & Subject-Matter Jurisdiction of Civil Courts
- Transfer of Property with Conditions & Contingent Interests
- Doctrine of Substantial Representation in a Suit by or against an Association
- Who are Necessary Parties, Proper Parties and Pro Forma Parties in Suits
- What is Partnership, in Law? How to Sue a Firm?
- ‘Legal Representatives’, Not ‘Legal Heirs’ to be Impleaded on Death of Plaintiff/Defendant
- Powers and Duties of Commissioners to Make Local Investigations, Under CPC
- Burden of Proof – Initial Burden and Shifting Onus
- Burden on Plaintiff to Prove Title; Weakness of Defence Will Not Entitle a Decree
- Is it Mandatory to Set Aside the Commission Report – Where a Second Commissioner is Appointed?
- Can a Commission be Appointed to Find Out the Physical Possession of a Property?
- Withholding Evidence and Adverse Inference
- Pendente Lite Transferee Cannot Resist or Obstruct Execution of a Decree
- Family Settlement or Family Arrangement in Law
- ‘Possessory Title’ in Indian Law
- Will Findings of a Civil Court Outweigh Findings of a Criminal Court?
- Relevancy of Civil Case Judgments in Criminal Cases
- Waiver and Promissory Estoppel
- Can a Christian Adopt? Will an adopted child get share in the property of adoptive parents?
- Principles of Equity in Indian Law
- Thangam v. Navamani Ammal: Did the Supreme Court lay down – Written Statements which deal with each allegation specifically, but not “para-wise”, are vitiated?
- No Criminal Case on a Dispute Essentially Civil in Nature.
- Doctrine of Substantial Representation in Suits
- Order I rule 8, CPC (Representative Suit) When and How? Whether Order I rule 8 Decree is Enforceable in Execution?
- Appointment of Guardian for Persons Suffering from Disability or Illness: Inadequacy of Law – Shame to Law Making Institutions
- Can Documents be Marked In Cross Examination, If Witness Admits Them?
Principles and Procedure
- BURDEN of PROOF: Initial Burden and Shifting the Onus in Indian and English Law
- H. Anjanappa v. A. Prabhakar: An ‘Aggrieved’ Stranger or a ‘Prejudicially Affected’ Third-Party (also) Can File Appeal with the ‘Leave of the Court’.
- Our Courts Apply Different ‘STANDADARDS of Proof’
- Ratio Decidendi (alone) Forms a Precedent, Not a Final Order
- BNSS – Major Changes from CrPC
- Bharatiya Nyaya Sanhita, 2023: Important Changes from the Indian Penal Code
- Substantive Rights and Mistakes & Procedural Defects in Judicial Proceedings
- Can Documents be Marked In Cross Examination, If Witness Admits Them?
- Will Boundaries of Properties (Always) Preferred Over Survey Number, Extent, Side Measurements, etc.?
- All Illegal Agreements are Void; but All Void Agreements are Not Illegal
- Doctrines on Ultra Vires, Rule of Law, Judicial Review, Nullification of Mandamus, and Removing the BASIS of the Judgment
- Can an ‘Ex-parte’ Defendant Cross Examine Plaintiff’s Witness?
- Will – Probate and Letters of Administration
- Appreciation of Evidence by Court and ‘Preponderance of Probabilities’ & ‘Probative Value of Evidence
- Effect of Not Cross-Examining a Witness & Effect of Not Facing Complete Cross-Examination by the Witness
- Suggestions & Admissions by Counsel, in Cross Examination to Witnesses
- Admission by itself Cannot Confer Title
- Best Evidence Rule in Indian Law
- Declaration and Injunction
- Pleadings Should be Specific; Why?
- Does Alternate Remedy Bar Civil Suits and Writ Petitions?
- Void, Voidable, Ab Initio Void, and Sham Transactions
- Can Courts Award Interest on Equitable Grounds?
- Natural Justice – Not an Unruly Horse
- Krishnadatt Awasthy v. State Of M.P, 29 January, 2025 – Law on Natural Justice Revisited
- ‘Sound-mind’ and ‘Unsound-Mind’
- Prescriptive Rights – Inchoate until the Title thereof is Upheld by a Competent Court
- ‘Title’ and ‘Ownership’ in Indian Law
- Can a Party to Suit Examine Opposite Party, as of Right?
- Forfeiture of Earnest Money and Reasonable Compensation
- Doctrine of ‘Right to be Forgotten’ in Indian Law
- Proof on ‘Truth of Contents’ of Documents, in Indian Evidence Act
- Cheating and Breach of Contract: Distinction – Fraudulent Intention at the time of Promise.
- Declaration of Title & Recovery of Possession: Art. 65, not Art. 58, Limitation Act Governs
- What is COGNIZANCE and Application of Mind by a Magistrate?
- Shri Mukund Bhavan Trust v. Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle: Rejection of Plaint on ‘Bar of Limitation’ on Plea of Fraud.
- Pradeep Nirankarnath Sharma v. The State of Gujarat: The Police have No Discretion to conduct a Preliminary Inquiry Before Registering an FIR in Cognizable Offences
PROPERTY LAW
Title, ownership and Possession
- ‘Nemo Dat Quod Non Habet’
- Section 27, Limitation Act Gives-Rise to a Substantive Right so as to Seek Declaration and Recovery
- Sale Deeds Without Consideration – Void
- Tenancy at Sufferance in Indian Law
- Revenue Settlement Registers of Travancore in 1910, Basic Record of Land matters
- Recovery of Possession: Recovery of Possession Based on Title and on Earlier Possession
- Declaration of Title & Recovery of Possession: Art. 65, not Art. 58, Limitation Act Governs
- Title and Ownership and Possessory Title in Indian Law
- Does Registration of a Document give Notice to the Whole World?
- Admission by itself Cannot Confer Title
- POSSESSION is a Substantive Right in Indian Law
- 22nd Law Commission Report on ‘Law on Adverse Possession’
- Adverse Possession Against Government
- Government of Kerala v. Joseph – Law on Adverse Possession Against Government
- Should the Government Prove Title in Recovery Suits
- How to Plead Adverse Possession? Adverse Possession: An Evolving Concept
- Adverse Possession: Burden to Plead Sabotaged
- Does ‘Abandonment’ Give rise to a Recognised Right in Indian Law?
- When ‘Possession Follows Title’; ‘Title Follows Possession’?
- Ultimate Ownership of All Property Vests in State; It is an Incident of Sovereignty.
- ‘Mutation’ by Revenue Authorities & Survey will not Confer ‘Title’
- Preemption is a Very Weak Right; For, Property Right is a Constitutional & Human Right
- Transfer of Property with Conditions & Contingent Interests
- Family Settlement or Family Arrangement in Law
- INJUNCTION is a ‘Possessory Remedy’ in Indian Law
- ‘Possessory Title’ in Indian Law
- Kesar Bai v. Genda Lal – Does Something Remain Untold?
- Grant in Law
- Termination of Tenancy (& Grant) by Forfeiture (for Claiming Title)
- Survey under Survey Act – Raises a Presumption on Boundary; though Not Confer Title
- SUIT on TITLE: Landlord can Recover Property on GENERAL TITLE (though Tenancy Not Proved) if Defendant Falsely Claimed Independent Title
- Even the Rightful Owner is NOT entitled to Eject a Trespasser, by Force
Adverse Possession
- What is Adverse Possession in Indian Law?
- Neelam Gupta v. Rajendra Kumar Gupta (October 14, 2024) – Supreme Court Denied the Tenant’s Claim of Adverse Possession
- Adverse Possession: How to Plead Adverse Possession? Adverse Possession: An Evolving Concept
- Adverse Possession Against Government
- Adverse Possession: Burden to Plead Sabotaged
- Does ‘Abandonment’ Give rise to a Recognised Right in Indian Law?
- When ‘Possession Follows Title’; ‘Title Follows Possession’?
- Government of Kerala v. Joseph – Law on Adverse Possession Against Government
- Should the Government Prove Title in Recovery Suits
- ‘Possessory Title’ in Indian Law
- Admission by itself Cannot Confer Title
- Ouster and Dispossession in Adverse Possession
- Declaration of Title & Recovery of Possession: Art. 65, not Art. 58, Limitation Act Governs
- Mallavva v. Kalsammanavara Kalamma, 2024 INSC 1021, Composite Suit (Cancellation & Recovery) – Substantive Relief Determines Limitation
Land Laws/ Transfer of Property Act
- Travancore Royal Pattom Proclamations of 1040 (1865 AD) and 1061 (1886 AD), And 1922 Devaswom Proclamation
- Revenue Settlement Registers of Travancore in 1910, Basic Record of Land matters
- Tenancy at Sufferance in Indian Law
- Freehold Property in Law
- What is Patta or Pattayam?
- Does ‘Pandaravaka Pattom’ in Kerala Denote Full-Ownership?
- Transfer of Property with Conditions & Contingent Interests
- Previous Owner is Not a Necessary Party in a Recovery Suit
- Recovery of Possession Based on Title and on Earlier Possession
- Vested Remainder and Contingent Remainder
- Vested interest and Contingent Interest
- Ultimate Ownership of All Property Vests in State; It is an Incident of Sovereignty.
- Land Acquired Cannot be Returned – Even if it is Not Used for the Purpose Acquired
- ‘Mutation’ by Revenue Authorities & Survey will not Confer ‘Title’
- FERA, 1973 And Transfer of Immovable Property by a Foreigner
- Marumakkathayam – A System of Law and Way of Life Prevailed in Kerala
- Land Tenures, and History of Land Derivation, in Kerala
- Glen Leven Estate v. State of Kerala: Not Correctly Decided?
- Sale Deeds Without Consideration – Void
- Law on SUCCESSION CERTIFICATE and LEGAL HEIRSHIP CERTIFICATE
- Sec. 7 Easements Act – Natural Advantages Arising from the Situation of Land & Natural Flow of Water
- Grant in Law
- Should the Government Prove Title in Recovery Suits
- Survey under Survey Act – Raises a Presumption on Boundary; though Not Confer Title
Land Reform Laws
- Acquisition of (Exempted) Plantation Property: Should the Govt. Pay Full Land Value to Land Owners?
- Relevant provisions of Kerala Land Reforms Act in a Nutshell
- Land Tenures, and History of Land Derivation, in Kerala
- Should the Government Prove Title in Recovery Suits
- ‘Janmam’ Right is FREEHOLD Interest and ‘Estate’ in Constitution – By Royal Proclamation of 1899, The Travancore Sircar became Janmi of Poonjar Raja’s Land
- Government is the OWNER of (Leasehold) Plantation Lands in Kerala.
- Glen Leven Estate v. State of Kerala: Not Correctly Decided?
- Law on Acquisition of Private Plantation Land in Kerala
- Plantation Exemption in Kerala Land Reforms Act–in a Nutshell
- Kerala Land Reforms Act – Provisions on Plantation-Tenancy and Land-Tenancy
- Grant in Law
- Balanoor Plantations & Industries Ltd. v. State of Kerala – Based on the Principle: LT to fix Tenancy’; TLB to Fix Plantation Exemption.
- 1910 Settlement Register of Travancore – Basic Record of Land Matters
Power of attorney
- M.S. Ananthamurthy v. J. Manjula: Mere Word ‘Irrevocable’ Does Not Make a POWER OF ATTORNEY Irrevocable
- No Adjudication If Power of Attorney is Sufficiently Stamped
- Notary Attested Power-of-Attorney Sufficient for Registration
- Notary-Attested Documents and Presumptions
- Permission when a Power of Attorney Holder Files Suit
- If Power of Attorney himself Executes the Document, S. 33 Registration Act will NOT be attracted
- Should a Power of Attorney for Sale must have been Registered –
- Is Registered Power of Attorney Necessary for Registration of a Deed? No.
Evidence Act – General
- Newspaper Reports are ‘Hearsay Secondary Evidence’
- Major Changes in the Evidence Act by Bhartiya Sakshya Adhiniyam, 2023
- Sec. 27 Recovery/Discovery in Evidence Act and Bhartiya Sakshya Adhiniyam, 2023
- Evidence in Court – General Principles
- Expert Evidence and Appreciation of Evidence
- How to Contradict a Witness under Sec. 145, Evidence Act
- Withholding Evidence and Adverse Inference
- Best Evidence Rule in Indian Law
- What is Collateral Purpose?
- Burden of Proof – Initial Burden and Shifting Onus
- Appreciation of Evidence by Court and ‘Preponderance of Probabilities’ & ‘Probative Value of Evidence
- Effect of Not Cross-Examining a Witness & Effect of Not Facing Complete Cross Examination by the Witness
- Suggestions & Admissions by Counsel, in Cross Examination to Witnesses
- Proof of Documents – Admission, Expert Evidence, Presumption etc.
- Public Documents: Proof and Presumption
- Admission by itself Cannot Confer Title
- How to Prove a Will, in Court?Is Presumption enough to Prove a Registered Will?
- Significance of Scientific Evidence in Judicial Process
- Polygraphy, Narco Analysis and Brain Mapping Tests
- What is Section 27 Evidence Act – Recovery or Discovery?
- How ‘Discovery’ under Section 27, Evidence Act, Proved?
- Pictorial Testimony Theory and Silent Witnesses Theory
- Sec. 35 Evidence Act: Presumption of Truth and Probative Value
- Proof on ‘Truth of Contents’ of Documents, in Indian Evidence Act
Sec. 65B
- Sec. 27 Recovery/Discovery in Evidence Act and Bhartiya Sakshya Adhiniyam, 2023
- Sec. 65B (Electronic Records) and Bhartiya Sakshya Adhiniyam, 2023
- Sec. 65B, Evidence Act: Arjun Paditrao Criticised.
- Sec. 65B Evidence Act Simplified
- ‘STATEMENTS’ alone can be proved by ‘CERTIFICATE’ u/s. 65B
- Sec. 65B, Evidence Act: Certificate forms
- Certificate is Required Only for ‘Computer Output’; Not for ‘Electronic Records’: Arjun Panditrao Explored.
- How to Prove ‘Whatsap Messages’, ‘Facebook’ and ‘Website’ in Courts?
Admission, Relevancy and Proof
- ‘Admission’ in Indian Law
- Relevancy, Admissibility and Proof of Documents
- Admission of Documents in Evidence on ‘Admission’
- Admission by itself Cannot Confer Title
- Modes of Proof of Documents
- Proof of Documents & Objections To Admissibility – How & When?
- Should Objection to Marking Documents be Raised When it is Admitted; Is it Enough to Challenge them in Cross-Examination?
- Burden of Proof – Initial Burden and Shifting Onus
- Burden on Plaintiff to Prove Title; Weakness of Defence Will Not Entitle a Decree
- Appreciation of Evidence by Court and ‘Preponderance of Probabilities’ & ‘Probative Value of Evidence
- Production, Admissibility & Proof Of Documents
- Proof of Documents – Admission, Expert Evidence, Presumption etc.
- Marking Documents Without Objection – Do Contents Proved
- Can Documents be Marked In Cross Examination, If Witness Admits Them?
- Substantive Documents, and Documents used for Refreshing Memory and Contradicting
- Oral Evidence on Contents of Document, Irrelevant
- Proof on ‘Truth of Contents’ of Documents, in Indian Evidence Act
- Relevancy of Civil Case Judgments in Criminal Cases
- Prem Raj v. Poonamma Menon (SC), April 2, 2024 – An Odd Decision on ‘Civil Court Judgment does not Bind Criminal Court’
Law on Documents
- Public Documents: Proof and Presumption
- Public Documents Admissible Without Formal Proof
- Admitted Documents – Can the Court Refrain from Marking, for no Formal Proof?
- Does Registration of a Document give Notice to the Whole World?
- Production, Admissibility & Proof Of Documents
- Relevancy, Admissibility and Proof of Documents
- Admission of Documents in Evidence on ‘Admission’
- Effect of Marking Documents Without Objection – Do Contents Stand Proved?
- Time Limit for Registration of Documents
- Registration of Documents Executed out of India
- How to Prove a Will, in Court?Is Presumption enough to Prove a Registered Will?
- Are RTI Documents Admissible in Evidence as ‘Public Documents’?
- Oral Evidence on Contents of Document, Irrelevant
- Proof of Documents & Objections To Admissibility – How & When?
- Notary-Attested Documents and Presumptions
- What is Collateral Purpose?
- No Application Needed for Filing or Admitting Copy
- Presumptions on Documents and Truth of Contents
- Presumptions on Registered Documents & Truth of Contents
- Notice to Produce Documents in Civil Cases
- Production of Documents: Order 11, Rule 14 & Rule 12
- Modes of Proof of Documents
- Secondary Evidence of Documents & Objections to Admissibility – How & When?
- Should Objection to Marking Documents be Raised When it is Admitted; Is it Enough to Challenge them in Cross-Examination?
- 30 Years Old Documents and Presumption of Truth of Contents, under Sec. 90 Evidence Act
- Unstamped & Unregistered Documents and Collateral Purpose
- Adjudication as to Proper Stamp under Stamp Act
- Marking Documents Without Objection – Do Contents Proved
- Cancellation of Sale Deeds and Settlement Deeds & Powers of Sub-Registrar in cancelling Deeds
- Substantive Documents, and Documents used for Refreshing Memory and Contradicting
- How to Contradict a Witness under Sec. 145, Evidence Act
- Visual and Audio Evidence (Including Photographs, Cassettes, Tape-recordings, Films, CCTV Footage, CDs, e-mails, Chips, Hard-discs, Pen-drives)
- Pictorial Testimony Theory and Silent Witnesses Theory
- No Adjudication Needed If Power of Attorney is Sufficiently Stamped
- Can an Unregistered Sale Agreement be Used for Specific Performance
- Impounding of Documents – When Produced; Cannot Wait Till it is Exhibited
- Sec. 35 Evidence Act: Presumption of Truth and Probative Value
- How to Prove Resolutions of a Company; Are Minutes Necessary?
Documents – Proof and Presumption
- Public Documents: Proof and Presumption
- Can the Court Refuse to Mark a (Relevant and Admissible) Document, for (i) there is No Formal Proof or (ii) it is a Photocopy?
- Marking of Photocopy and Law on Marking Documents on Admission (Without Formal Proof)
- Proof of Documents – Admission, Expert Evidence, Presumption etc.
- Proof on ‘Truth of Contents’ of Documents, in Indian Evidence Act
- Modes of Proof of Documents
- ‘Admission’ in Indian Law
- Marking Documents Without Objection – Do Contents Proved
- Proof on ‘Truth of Contents’ of Documents, in Indian Evidence Act
- Admitted Documents – Can the Court Refrain from Marking, for no Formal Proof?
- Admission of Documents in Evidence on ‘Admission’
- Effect of Marking Documents Without Objection – Do Contents Stand Proved?
- Proof of Documents & Objections To Admissibility – How & When?
- Should Objection to Marking Documents be Raised When it is Admitted; Is it Enough to Challenge them in Cross-Examination?
- Presumptions on Documents and Truth of Contents
- Presumptions on Registered Documents & Truth of Contents
- Secondary Evidence of Documents & Objections to Admissibility – How & When?
- 30 Years Old Documents and Presumption of Truth of Contents, under Sec. 90 Evidence Act
Interpretation
- Interpretation of Documents – Literal Rule, Mischief Rule and Golden Rule
- Golden Rule of Interpretation is Not the Application of Plain Meaning of the Words
- Interpretation of Wills
- Appreciation of Evidence by Court and ‘Preponderance of Probabilities’ & ‘Probative Value of Evidence
Contract Act
- Godrej Projects Development Limited v. Anil Karlekar, 2025 INSC 143 – Supreme Court Missed to State Something
- ‘Sound-mind’ and ‘Unsound-Mind’ in Indian Civil Laws
- Forfeiture of Earnest Money and Reasonable Compensation
- Who has to fix Damages in Tort and Contract?
- UNDUE INFLUENCE and PLEADINGS thereof in Indian Law
- All Illegal Agreements are Void; but All Void Agreements are Not Illegal
- Can an Unregistered Sale Agreement be Used for Specific Performance
- Cheating and Breach of Contract: Distinction – Fraudulent Intention at the time of Promise.
Law on Damages
- Law on Damages
- Who has to fix Damages in Tort and Contract?
- Law on Damages in Defamation Cases
- Pleadings in Defamation Suits
- Godrej Projects Development Limited v. Anil Karlekar, 2025 INSC 143 – Supreme Court Missed to State Something
Easement
- Easement Simplified
- What is Easement? Does Right of Easement Allow to ‘Enjoy’ Servient Land After Making Improvements Therein ?
- “Title Thereto” in the Definition of ‘Prescriptive Easement’ in Sec. 15 of the Indian Easements Act, 1882
- Prescriptive Rights – Inchoate until the Title thereof is Upheld by a Competent Court
- Will Easement of Necessity Ripen into a Prescriptive Easement?
- What is “period ending within two years next before the institution of the suit” in Easement by Prescription?
- Is the Basis of Every Easement, Theoretically, a Grant
- Extent of Easement (Width of Way) in Easement of Necessity, Quasi Easement and Implied Grant
- Easement of Necessity and Prescriptive Easement are Mutually Destructive; But, Easement of Necessity and Implied Grant Can be Claimed Alternatively
- Can Easement of Necessity and of Grant be Claimed in a Suit (Alternatively)?
- “Implied Grant” in Law of Easements
- Can an Easement-Way be Altered by the Owner of the Land?
- Village Pathways and Right to Bury are not Easements.
- Custom & Customary Easements in Indian Law
- ‘Additional Burden Loses Lateral Support’ – Incorrect Proposition
- Grant in Law
- Right of Private Way Beyond (Other Than) Easement
- Easement – Should Date of Beginning of 20 Years be pleaded?
- One Year Interruption or Obstruction will not affect Prescriptive Easement
- Should the Plaintiff Schedule Servient Heritage in a Suit Claiming Perspective Easement?
- Necessary Parties in Suits on Easement
Stamp Act & Registration
- Sub-Registrar has no Authority to Ascertain whether the Vendor has Title
- Title Enquiry by the Sub Registrar is Illegal
- Cancellation of Sale Deeds and Settlement Deeds & Powers of Sub-Registrar in Cancelling Deeds
- Time-Limit For Adjudication of Unstamped Documents, before Collector
- Time Limit for Registration of Documents
- Presumptions on Registered Documents & Truth of Contents
- Registration of Documents Executed out of India
- LAW ON INSUFFICIENTLY STAMPED DOCUMENTS
- Adjudication as to Proper Stamp under Stamp Act
- Unstamped & Unregistered Documents and Collateral Purpose
- Can an Unregistered Sale Agreement be Used for Specific Performance
- Impounding of Documents, When Produced; Cannot Wait Till it is Exhibited
- No Adjudication Needed If Power of Attorney is Sufficiently Stamped
- Notary Attested Power-of-Attorney Sufficient for Registration
Divorce/Marriage
- Presumption of Valid Marriage – If lived together for Long Spell
- Validity of Foreign Divorce Decrees in India
- Is ‘Irretrievable Brake-down of Marriage’, a Valid Ground for Divorce in India?
- Foreign Divorce Judgment against Christians having Indian Domicile
Negotiable Instruments Act
- Does Cheque-Case under Sec. 138, NI Act Lie Against a Trust?
- Sec. 138 NI Act (Cheque) Cases: Presumption of Consideration u/s. 118
- Even if ‘Signed-Blank-Cheque’, No Burden on Complainant to Prove Consideration; Rebuttal can be by a Probable Defence
- “Otherwise Through an Account” in Section 142, NI Act
- Where to file Cheque Bounce Cases (Jurisdiction of Court – to file NI Act Complaint)?
- Cheque Dishonour Case against a Company, Firm or Society
- What is ‘Cognizance’ in Law
- What is COGNIZANCE and Application of Mind by a Magistrate?
Criminal
Arbitration
- Seesaw of Supreme Court in NN Global Mercantile v. Indo Unique Flame
- N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd. and Ground Realities of Indian Situation
- What are Non-Arbitrable Disputes? When a Dispute is Not Referred to Arbitration in spite of Arbitration Clause
- Termination or Nullity of Contract Will Not Cease Efficacy of the Arbitration Clause
- No Valid Arbitration Agreement ‘Exists’ – Can Arbitration Clause be Invoked?
Will
- Witnesses to the Will Need Not See the Execution of the Will
- Interpretation of Wills
- Interpretation of Inconsistent Clauses in a Will
- Will – Probate and Letters of Administration
- Executors of Will – Duties & their Removal
- How to Prove a Will, in Court?Is Presumption enough to Prove a Registered Will?
- How to Write a Will? Requirements of a Valid Will
- When Execution of a Will is ‘Admitted’ by the Opposite Side, Should it be ‘Proved’?
- A Witness to Hindu-Will will not Lose Benefit
Book No. 2: A Handbook on Constitutional Issues
- Judicial & Legislative Activism in India: Principles and Instances
- Can Legislature Overpower Court Decisions by an Enactment?
- Separation of Powers: Who Wins the Race – Legislature or Judiciary?
- Kesavananda Bharati Case: Never Ending Controversy
- Mullaperiyar Dam: Disputes and Adjudication of Legal Issues
- Article 370: Is There Little Chance for Supreme Court Interference
- Maratha Backward Community Reservation: SC Fixed Limit at 50%.
- Polygraphy, Narco Analysis and Brain Mapping Tests
- CAA Challenge: Divergent Views
- FERA, 1973 And Transfer of Immovable Property by a Foreigner
- Doctrine of ‘Right to be Forgotten’ in Indian Law
- Doctrines on Ultra Vires and Removing the BASIS of the Judgment, in ED Director’s Tenure Extension Case (Dr. Jaya Thakur v. Union of India)
- Dr. Jaya Thakur v. Union of India – Mandamus (Given in a Case) Cannot be Annulled by Changing the Law
- Art. 370 – Turns the Constitution on Its Head
Religious issues
- Secularism and Art. 25 & 26 of the Indian Constitution
- Secularism & Freedom of Religion in Indian Panorama
- ‘Ban on Muslim Women to Enter Mosques, Unconstitutional’
- No Reservation to Muslim and Christian SCs/STs (Dalits) Why?
- Parsi Women – Excommunication for Marrying Outside
- Knanaya Endogamy & Constitution of India
- Sabarimala Review Petitions & Reference to 9-Judge Bench
- SABARIMALA REVIEW and Conflict in Findings between Shirur Mutt Case & Durgah Committee Case
- Ayodhya Disputes: M. Siddiq case –Pragmatic Verdict
Book No. 3: Common Law of CLUBS and SOCIETIES in India
- General
- Property & Trust
- Suits
- Amendment and Dissolution
- Rights and Management
- Election
- State Actions
Book No. 4: Common Law of TRUSTS in India
- General Principles
- Dedication and Vesting
- Trustees and Management
- Breach of Trust
- Suits by or against Trusts
- Law on Hindu Religious Endowments
- Temples, Gurudwaras, Churches and Mosques – General
- Constitutional Principles
- Ayodhya and Sabarimala Disputes
- General
“Easement is acquired; not arise out of ‘Express Permission” – The entire section (12) is incorrect. The original case states that only for proving easement by prescription, a person must prove that the easement was acquired independent of a contract. An easement by express grant that is contractual is also a valid easement. See AIR 2010 SC 622
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Noted, sir. Thanks.
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