Saji Koduvath, Advocate, Kottayam.
Key Takeaways
- Natural justice is another name for common-sense justice. Rules of natural justice are not codified canons. But they are principles ingrained into the conscience of man. Natural justice is the administration of justice in a common-sense liberal way.
- In an enquiry, a delinquent cannot effectively defend himself unless copies of the relevant statements and documents proposed to be relied upon are furnished. Failure to supply these materials would be tantamount to a denial of a reasonable opportunity to the appellant to defend himself.
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.
- Arjun Dass was the 21st Mahant (Mathadhipathi) of Sri Swamy Hathiramji Mutt, Tirupathi.
- In 2017, some reports were published in ‘Mayavi’ Newspaper regarding misconduct of Arjun Dass.
- An enquiry notice was issued. Arjun Dass filed W.P. No. 9716 of 2018.
- High Court granted interim relief and suspended the consequent proceedings.
- Later, W.P. No. 9716 of 2018 was dismissed as infructuous in 2023.
- While the continuing the interim order in W.P. No. 9716 of 2018, the Commissioner of Endowments suspended Arjun Dass.
- 24 charges were framed.
- Arjun Dass filed W.P. No. 2391 of 2020 challenging the said suspension order.
- The High Court allowed Arjun Dass to continue as Mathadhipati under an interim order.
- Ultimately, the High Court allowed W.P. No. 2391 of 2020 on 13.04.2023, setting aside the suspension order and remitted the matter to the Dharmika Parishad to proceed and take action in accordance with law.
- The Dharmika Parishad convened a meeting on 09.05.2023.
- The legal advisor prepared 16 charges against Arjun Dass.
- The charge-memo dated 08.06.2023 was issued to Arjun Dass. He was suspended.
- One Om Prakash was appointed as an administrator called the ‘Fit Person’.
- Pursuant to this, the Endowments Department physically seized the Mutt office as well as the residence Arjun Dass.
- Arjun Dass filed W.P. No. 13919 of 2023
- Single Judge dismissed this writ petition. Writ Appeal No. 1080 of 2023, preferred against the order. It is still pending.
- In pursuance to the charge-memo dated 08.06.2023, the Dharmika Parishad issued notice dated 14.07.2023 directing to appear before a three-member committee for enquiry on 19.07.2023.
- This notice was served to the Appellant through WhatsApp.
- Arjun Dass, through his Advocate, sent three separate communications in reply.
- The first, dated 17.07.2023, was sent by email.
- It was informed to the Dharmika Parishad that:
- .(a) W.P. No. 13919 of 2023 was pending;
- (b) Arjun Dass, aged 67 years, having been unceremoniously expelled from the Mutt premises while on pilgrimage, had fallen ill with viral fever at Ayodhya;
- (c) The entire record of the Mutt was seized; and
- (d) Documents forming the basis of the charge memo were not furnished.
- The second communication was a legal notice dated 24.07.2023, personally delivered to the office of the Dharmika Parishad by the Appellant’s Advocate, who obtained an acknowledgement.
- The third was an email dated 31.07.2023, reiterating the earlier request.
- The Enquiry Committee concluded its enquiry on 19.07.2023.
- It submitted its report on 01.08.2023. It found all the 16 charges were proved.
- Vide show cause notice dated 19.10.2023, Dharmika Parishad sought explanation within 15 days from Arjun Dass
- Arjun Dass submitted his explanation and on 16.11.2023, he requested Dharmika Parishad to conduct enquiry afresh after supplying the documents.
- Finally, on 24.11.2023, Dharmika Parishad passed an order for removal
- Government of Andhra Pradesh confirmed the Removal Order passed by the Dharmika Parishad.
- Subsequently, appointed one interim Mahant.
- Arjun Dass filed Civil Miscellaneous Appeal No. 538 of 2023 before the High Court challenging the Removal Order and the consequential order directing identification of a new Mathadhipati.
- The High Court granted interim protection to the Appellant
- After hearing the matter at length, the High Court, by the impugned judgment dated 09.05.2025, dismissed C.M.A. upholding the removal of the Appellant.
- Arjun Dass preferred the Appeal before the Supreme Court of India.
Main Issue – Principles of Natural Justice
The main issue before the Supreme Court was whether the removal order suffered a breach of the principles of natural justice.
The removal of a Mathadhipati from the office of the head of a religious institution is not an administrative act of ordinary character. It involves substantive civil rights involving the right to religious office and to carry on one’s spiritual vocation.
The constitutional guarantee of fairness in procedure, enshrined in the principle of audi alteram partem and evinced from Article 14 of the Constitution of India, applies with full force to such quasi-judicial proceedings.
Importance To Adhere By The Principles Of Natural Justice
In this decision (Arjun Dass v. The State of Andhra Pradesh, 2026 INSC 592), the Apex Court referred to the following decision, highlighting the importance of the principles of natural justice – Canara Bank Vs. V. K. Awasthy, (2005) 6 SCC 321. It is observed in this decision as under:
- “8. Natural justice is another name for common-sense justice. Rules of natural justice are not codified canons. But they are principles ingrained into the conscience of man. Natural justice is the administration of justice in a common-sense liberal way. Justice is based substantially on natural ideals and human values. The administration of justice is to be freed from the narrow and restricted considerations which are usually associated with a formulated law involving linguistic technicalities and grammatical niceties. It is the substance of justice which has to determine its form.
- 9. The expressions “natural justice” and “legal justice” do not present a watertight classification. It is the substance of justice which is to be secured by both, and whenever legal justice fails to achieve this solemn purpose, natural justice is called in aid of legal justice. Natural justice relieves legal justice from unnecessary technicality, grammatical pedantry or logical prevarication. It supplies the omissions of a formulated law. As Lord Buckmaster said, no form or procedure should ever be permitted to exclude the presentation of a litigant’s defence.
- 10. The adherence to principles of natural justice as recognised by all civilised States is of supreme importance when a quasi-judicial body embarks on determining disputes between the parties, or any administrative action involving civil consequences is in issue. These principles are well settled. The first and foremost principle is what is commonly known as audi alteram partem rule. It says that no one should be condemned unheard. Notice is the first limb of this principle. It must be precise and unambiguous. It should apprise the party determinatively of the case he has to meet. Time given for the purpose should be adequate so as to enable him to make his representation. In the absence of a notice of the kind and such reasonable opportunity, the order passed becomes wholly vitiated. Thus, it is but essential that a party should be put on notice of the case before any adverse order is passed against him. This is one of the most important principles of natural justice. It is after all an approved rule of fair play. The concept has gained significance and shades with time. When the historic document was made at Runnymede in 1215, the first statutory recognition of this principle found its way into the “Magna Carta”. The classic exposition of Sir Edward Coke of natural justice requires to “vocate, interrogate and adjudicate”. In the celebrated case of Cooper v. Wandsworth Board of Works [(1863) 143 ER 414 : 14 CBNS 180 : (1861-73) All ER Rep Ext 1554] the principle was thus stated : (ER p. 420) “[E]ven God himself did not pass sentence upon Adam before he was called upon to make his defence. ‘Adam’ (says God), ‘where art thou? Hast thou not eaten of the tree whereof I commanded thee that thou shouldest not eat?’ ” Since then the principle has been chiselled, honed and refined, enriching its content. Judicial treatment has added light and luminosity to the concept, like polishing of a diamond.
- 11. Principles of natural justice are those rules which have been laid down by the courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial, quasi-judicial and administrative authority while making an order affecting those rights. These rules are intended to prevent such authority from doing injustice.”
The rule of audi alteram partem is the obligation to furnish to the affected person the material and documents sought to be relied upon against him. Opportunity of hearing should be real and cannot be abstract. Unless the person proceeded against is made aware of the precise allegations, the evidentiary basis thereof, and the material forming the foundation of the proposed action, the opportunity to defend becomes illusory rather than real.
Failure To Supply Documents Amounts to Denial Of Reasonable Opportunity
In Arjun Dass v. The State of Andhra Pradesh (2026 INSC 592), the Apex Court then referred to Kashinath Dikshita v. Union of India, (1986) 3 SCC 229. It underscored that a delinquent cannot effectively defend himself unless copies of the relevant statements and documents proposed to be relied upon are furnished to him. The Court observed:
- “10. …. The extracts quoted hereinabove leave no room for doubt that the disciplinary authority refused to furnish to the appellant copies of documents and copies of statements. When a government servant is facing a disciplinary proceeding, he is entitled to be afforded a reasonable opportunity to meet the charges against him in an effective manner. And no one facing a departmental enquiry can effectively meet the charges unless the copies of the relevant statements and documents to be used against him are made available to him. In the absence of such copies, how can the concerned employee prepare his defence, cross-examine the witnesses, and point out the inconsistencies with a view to show that the allegations are incredible? It is difficult to comprehend why the disciplinary authority assumed an intransigent posture and refused to furnish the copies notwithstanding the specific request made by the appellant in this behalf. Perhaps the disciplinary authority made it a prestige issue. If only the disciplinary authority had asked itself the question:
- “What is the harm in making available the material?”
- and weighed the pros and cons, the disciplinary authority could not reasonably have adopted such a rigid and adamant attitude. On the one hand there was the risk of the time and effort invested in the departmental enquiry being wasted if the courts came to the conclusion that failure to supply these materials would be tantamount to denial of reasonable opportunity to the appellant to defend himself. On the other hand by making available the copies of the documents and statements the disciplinary authority was not running any risk. There was nothing confidential or privileged in it. It is not even the case of the respondent that there was involved any consideration of security of State or privilege. No doubt the disciplinary authority gave an opportunity to the appellant to inspect the documents and take notes as mentioned earlier. But even in this connection the reasonable request of the appellant to have the relevant portions of the documents extracted with the help of his stenographer was refused….”
In view of the above, supply of relevant documents constitutes the most elementary and fundamental requirement of procedural fairness as no person can be expected to answer a case which is not fully disclosed to him.
Natural Justice, Prejudice And Mandatory Procedural Requirement
Section 51 of the 1987 Act governs the removal of a Mathadhipati.
- Section 51 makes it clear that the Dharmika Parishad does have the power to frame charge specifying the grounds as per sub-section (1) against the Mathadhipati or Trustee.
- The charges so framed were required to be supplied and “opportunity of meeting such charges” used therein indicates in implied terms to supply the allegation of imputation and the basis thereof which includes the material to frame the charge.
- On supply of such allegation of imputation and the material thereto, the Mathadhipati may have an opportunity to meet such charges.
- Thereafter, in view of the documentary and oral evidence so adduced by the parties on either side, the order ought to be passed in the manner as specified.
- The instinct of sub-section (2) is clear and unambiguous in its terms to follow the principles of natural justice.
- The intention of the legislature was clear that without supply of relied upon documents qua the allegation, if any, meaningful rebuttal could not be possible.
- Therefore, in terms of the language used in the Statute, principles of natural justice are required to be adhered to in the sense as specified.
The submission advanced on behalf of the Respondents that the enquiry is not vitiated in the absence of prejudice caused to the Appellant cannot be accepted in the facts of the present case. It is true that in State of U.P. v. Sudhir Kumar Singh, (2021) 19 SCC 706, the Apex Court explained that breach of the principles of natural justice does not invariably result in invalidation unless prejudice is shown. However, the same decision expressly carves out an exception in cases involving a mandatory procedural requirement conceived not merely in individual interest but also in public interest. The Court observed that:
- “42.2. Where procedural and/or substantive provisions of law embody the principles of natural justice, their infraction per se does not lead to invalidity of the orders passed. Here again, prejudice must be caused to the litigant, except in the case of a mandatory provision of law which is conceived not only in individual interest, but also in public interest.”
In view of the literal interpretation of Section 51(2) and a Mathadhipati is going to be removed, it is incumbent upon the Dharmika Parishad to follow the principles of natural justice since religious institutions connected to the Mutt under the control of Mathadhipati and the public at large may also be affected. Therefore, in such a situation, substantive compliance with audi alteram partem is non-negotiable.
Proceedings of Removal Vitiated For Violations of Natural Justice
The proceedings resulting in the removal of the Appellant as Mathadhipati of Mutt are vitiated by multiple violations of the principles of natural justice –
First, the charge memo of 27 pages and the 29 relied-upon documents running to over 600 pages were never duly served upon the Appellant. Purported service by affixation on the door of premises in the physical possession of the Respondents themselves is not service in the eyes of the law;
Second, the Appellant’s requests for the supply of documents and a reasonable time were wholly ignored, and the enquiry was conducted ex parte; and
Third, the pre-decisional resolution of 09.05.2023, directing simultaneous preparation of charges and suspension order, reveals that the entire process was predetermined and not a genuine quasi-judicial exercise of statutory power.
Service of Charge Memo was by affixation on the door
The service of notice was affected upon the Appellant by affixation on the door of his residence in the premises of the Mutt. The following facts are clear from the record:
- .(i) the physical possession of the Mutt premises, including the Mahant’s residence, had been taken over by the Respondents;
- (ii) the Panchanama and photographs dated 08.06.2023 and 09.06.2023, filed by the Respondents themselves, reveal that only six pages were affixed on the door and those six pages were confined to the Fit Person’s appointment order;
- (iii) the charge memo of 27 pages and the 29 supporting documents were never affixed.
In this context, to contend that service of the charge memo was completed by affixation on the door of the residence that is not in the possession of the Appellant is a legal absurdity.
in Neerja Realtors Pvt. Ltd. v. Janglu, (2018) 2 SCC 649, it is held that substituted service by affixation under Order V Rule 17 of the CPC cannot be turned into an empty technicality; it can only be validly executed on a house where the noticee actually and ordinarily resides at the time of service.
Effect of Dismissal of Communication – As an Unsigned Letter Through WhatsApp
Furthermore, the Appellant, through his Advocate, sent three separate communications to the Dharmika Parishad and its members on 17.07.2023 (by email to official IDs through advocate), 24.07.2023 (personally served against acknowledgement), and 31.07.2023 (by email through his advocate). Each of these communications specifically requested the supply of all relied- upon documents and a minimum of one month to submit a defence. While not heeding to such requests, the Enquiry Committee dismissed the communication of 17.07.2023 on a technical ground that it was an unsigned letter received on the mobile of a committee member through WhatsApp. In our view, this conduct of the Enquiry Committee discloses a deliberate disregard for the principles of natural justice as it deprived the Appellant of any meaningful chance to test the evidence adduced against him and to adduce evidence in his favour, as mandated by Section 51(2) of the 1987 Act.
The defect pointed out in the present case pertains to the fairness of the enquiry process itself and, therefore, strikes at the root of the proceedings. Once such a foundational infirmity is established, the question whether charges may otherwise have been capable of being sustained does not arise for consideration at the appellate stage.
Bias And Nemo Judex In Causa Sua: Enquiry Be Done By Independent Body.
It is undisputed that the enquiry committee was constituted under Rule 26 of the 2009 Rules read with Section 152(3) of the 1987 Act. For ready reference, Rule 26 of the 2009 Rules is reproduced as thus:
- “Rule – 26. (i) The Dharmika Parishad may appoint, from amongst its members, such number of committees as the Dharmika Parishad deems necessary, with not more than 3 members and assign to them such functions and duties as it may consider for the purpose, which in turn has to submit its report to the Chairman of the Dharmika Parishad.
- (ii) A member shall cease to be a member of such Committee if he ceases to be a member of the Dharmika Parishad.
- (iii) The Committee of the Dharmika Parishad may meet frequently depending upon the exigencies of work.” A bare perusal of this Rule indicates that appointment of committees as envisaged therein is in the context of administrative committees, and it ought not to constitute an enquiry committee. This understanding of Rule 26 of the 2009 Rules is further bolstered by reading the sub-rule
- (ii) of Rule 26, which prescribes that members of any such committee shall first be members of the Dharmika Parishad.
The adjudicating authority cannot itself become the investigator and also the decision maker.
Prior Acts
After the appointment of the Appellant as Mathadhipati by the Endowment Department in 2000, it was cancelled suo motu in 2003. An attempt was made to take over the entire properties of the Mutt, which was made nugatory by the orders of the High Court.
Again in 2017, merely on the basis of some newspaper cuttings, initiation of enquiry was made by the Dharmika Parishad against the appellant, which resulted into several rounds of litigation including the present one.
Similarly, the manner in which the enquiry was done in the present case, the apprehension of bias in the matter cannot be ruled out.
In this view of the matter, the Apex court found that an enquiry regarding the allegations against the Appellant ought to be done following the principles of natural justice by an independent body.
A De Novo Enquiry
The Supreme Court, in these circumstances, ordered a de novo enquiry.
Read also:
- Natural Justice – Not an Unruly Horse, Cannot be Placed in a Straight-Jacket & Not a Judicial Cure-all.
- Expulsion of Members & Removal of Office-Bearers
- Krishnadatt Awasthy v. State of MP, 2025 INSC 128: a Case on Natural Justice – Paradoxes Surged; But, Adjudged on Sound Judicial Principles
How to Subscribe ‘IndianLawLive’? Click here – “How to Subscribe free “
Read in this Cluster (Click on the Topic)
Civil Suits: Procedure & Principles
Book No, 1 – Civil Procedure Code
- Striking off defence under Order XV Rule 5 CPC (U.P. Amendment): Consequence is Drastic; Mere Denial of the Landlord–Tenant Relationship Not Absolve Tenant from the Statutory Obligation to Deposit Rent
- Maurice W. Innis v. Lily Kazrooni – Executing Court Executes Decree as it Stands, Without any Modification. It cannot Go Beyond or Vary its Term
- Channappa v. Parvatewwa, 2026 INSC 343: Suit Dismissed for Order II Rule 2 Bar: For No ‘Consequential Declaration’ on Title, in the Earlier Suit
- Applicability of Res Judicata on IA Orders (at Different Stages of the Same Suit)
- Rejection of Plaint is a Procedural Termination, and Dismissal of Suit on Preliminary Issue is a Summary Decision on Merits
- Can a Suit be Rejected on the Inherent Power of the Court?
- Did the Supreme Court Depart From its Earlier Position in Hussain Ahmed Choudhury v. Habibur Rahman, 2025 SCC OnLine SC 892, in its Subsequent Decision in Shanti Devi v. Jagan Devi, 2025 INSC 1105?
- Time City Infrastructure and Housing Ltd v. State of UP: Non-Compliance in taking Postal Steps – Court Should Vacate the Ad-Interim Injunction Order
- “Due Process of Law” in Civil Suits
- Can a suit be Rejected (Order VII rule 11 CPC) on the Ground of Res Judicata?
- Operation Asha v. Shelly Batra, a Landmark Judgment on Sec. 92 CPC– Critical Appreciation
- 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 the Legal Heirs
- 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
- Applicability of Res Judicata on IA Orders (at Different Stages of the Same Suit)
- Res Judicata and Judicial Precedent
- What is Binding Judicial Precedent – In a Nutshell
- No Res judicata on Finding on Title in an Injunction Suit
- Res Judicata: ‘Same issue’ must have been ‘Adjudicated’ in the former suit
- Res Judicata and Appeal: No Res Judicata on Adverse Findings, in a Favourable Decree
- 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?
- Can the Court issue a Second Commission without Setting Aside First Commission Report?
- 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?
- Why Should Foundational or Crucial Documents Be Produced Along With the Plaint or WS
- Fraudulent or Void Transaction: Is ‘Declaration’ Necessary? No is the Answer: Shanti Devi v. Jagan Devi, 2025 INSC 1105.
Principles and Procedure
- Doctrines of ‘Legislation by Reference’ and ‘Legislation by Incorporation’
- What is the Period of Limitation for a Suit on a Promissory Note?
- Relevancy of a Civil Case Judgment in Criminal Cases: Does a Civil Court Judgment Bind a Criminal Court?
- When can (i) a ‘Victim’ File an Appeal in a Criminal Case and (ii) an ‘Aggrieved Person’ File an Appeal in a Civil Case?
- Asian Paints Limited v. Ram Babu, 2025 INSC 828 – ‘Victim’ Can File an Appeal in a Criminal Case
- 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
- What is Binding Judicial Precedent – In a Nutshell
- 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.?
- Mistake in Boundary or Survey Number will not Invalidate a Document; Insignificant Errors in Pleadings will not Disentitle a Decree
- In a Suit for Fixation of Boundary, Property of the Defendant Need Not be Scheduled
- 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
- If a Document is Per Se Illegal, or Void Ab Initio, it Need Not be Set Aside
- 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.
- Why Should Foundational or Crucial Documents Be Produced Along With the Plaint or WS
- 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
- Gratuitous Possession – Owner can Reclaim Even Without Knowledge of the Other
- Suit on Possessory Remedy, Other side Admits Possession; Should the Will be Proved?
- M.V. Ramachandrasa v. Mahendra Watch Company, 2026 INSC 348: Decision on Subletting Without Consent of Landlord
- ‘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
- “Due Process of Law” in Civil Suits
- Revenue Settlement Registers of Travancore in 1910, Basic Record of Land matters
- Govt. of AP v. Thummala Krishna Rao, AIR 1982 SC 1081, 1982 (2) SCC 134, Misread by High Courts
Recovery of Possession:
- Suit on Possessory Remedy, Other side Admits Possession; Should the Will be Proved?
- Recovery of Possession Based on Title and on Earlier Possession
- Recovery of Possession (Based on Title) and Eviction (of Tenants)
- 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
- Ryotwari System in Madras
Revenue Records, Mutation
- Title is Not Proved by Revenue Entries; Title Claims are Investigated by Civil Courts, Not by High Courts
- Revenue Settlement Registers of Travancore in 1910, Basic Record of Land matters
- ‘Mutation’ by Revenue Authorities & Survey will not Confer ‘Title’
Adverse Possession
- Dispossession and Knowledge: Essential Requirements of Adverse Possession
- Adverse Possession: Legal Principles and Classic Cases in the UK and the US
- Adverse Possession: Should Unobstructed Possession Subsist for 12 Years Immediately Preceding the Suit?
- Illegal, Mistaken or Fraudulent Registration of Deed, and Subsequent Mutation: No Adverse Possession
- Adverse Possession: A Concise Overview
- What is Adverse Possession in Indian Law?
- Neelam Gupta v. Rajendra Kumar Gupta (AIR 2024 SC 5374) – 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
- Govt. of AP v. Thummala Krishna Rao, AIR 1982 SC 1081, 1982 (2) SCC 134, Misread by High Courts
- 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
- The Laws of ‘Doctrine of Election’ and ‘Doctrine of Waiver’
Land Laws/ Transfer of Property Act
- Bona Fide Purchaser for Value Deserves Stronger Equity than a Prior Contract Holder
- 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
- Recovery of Possession (Based on Title) and Eviction (of Tenants)
- 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’
- Harrisons Malayalam Ltd. v. State of Kerala (2026:KER:19290): Transfer of Registry can be Claimed only on Proper Application, with Supporting Documents
- 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
- If a Document is Per Se Illegal, or Void Ab Initio, it Need Not be Set Aside
- 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
- Title of the Government Property in India: Government is the Ultimate Owner of Every Property; Hence, Government Need Not Prove Title.
- Survey under Survey Act – Raises a Presumption on Boundary; though Not Confer Title
- Mistake in Boundary or Survey Number will not Invalidate a Document; Insignificant Errors in Pleadings will not Disentitle a Decree
- In a Suit for Fixation of Boundary, Property of the Defendant Need Not be Scheduled
Land Reform Laws
- Ten Square Miles Concession and Kanan Devan Hills Concession – State Grants of Travancore Governments
- Plantation-Tenants Not Approached The Land Tribunal are Ineligible for Plantation-Exemption-Orders from the Land Board
- 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.
- Title of the Government Property in India: Government is the Ultimate Owner of Every Property; Hence, Government Need Not Prove Title.
- 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
- Do the Plantation-Tenants have the Right to Seek ‘Assignment’ of the Entire Plantation-Tenancy-Land (under Purchase Certificates)?
Power of attorney
- M.S. Ananthamurthy v. J. Manjula: Mere Word ‘Irrevocable’ Does Not Make a POWER OF ATTORNEY Irrevocable
- Can a Power of Attorney file a Civil Suit? Is there any bar by virtue of Manisha Mahendra Gala v. Shalini Bhagwan Avatramani, 2024-6 SCC 130?
- 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
- Handwriting Expert Evidence: Relevant, But Merely an Opinion
- 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
- Admissibility of Electronic Evidence: Does Section 61 of the BSA Permit Oral Proof (Overriding Arjun Panditrao)
- Law on Electronic Evidence in India: A Comparative Analysis with Other Jurisdictions
- Hash Value Certificate – Mandatory or Directory
- Sakshya Adhiniyam (Literally) Mandates Hashing the Original. But the Established Jurisprudence Requires Hashing the Copy.
- 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
- “Nothing In This Adhiniyam Shall Apply To Deny The Admissibility” – New Provision (Sec. 61, BSA) to ensure that Sec. 65B (Sec. 63, BSA) is an enabling provision
- 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
- Handwriting Expert Evidence: Relevant, But Merely an Opinion
- Admission of Documents in Evidence on ‘Admission’
- Admission by itself Cannot Confer Title
- Judicial Admissions in Pleadings: Admissible Proprio Vigore Against the Maker
- Document Exhibited in the Writ Petition as ‘True Copy’ – Can it be Used in a Civil Suit as ‘Admission’?
- 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?
- Is Registration of a Deed, Notice to Government?
- 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
- Cancellation, Avoidance or Declaration of a Void or Voidable Deed
- If a Document is Per Se Illegal, or Void Ab Initio, it Need Not be Set Aside
- Can the True Owner Seek Cancellation of a Deed, Executed by a Stranger to the Property
- 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)
- Photograph Evidence, Its Admissibility and Photo-Identification in Court Cases
- 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
- Contents of a Document are to be Proved in Court by Producing Original or Secondary Evidence
- Handwriting Expert Evidence: Relevant, But Merely an Opinion
- 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?
- Photograph Evidence, Its Admissibility and Photo-Identification in Court Cases
- 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
- What is the Period of Limitation for a Suit on a Promissory Note?
- Can Filing a Suit Amount to Notice of Termination of Contract
- 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
- If a Document is Per Se Illegal, or Void Ab Initio, it Need Not be Set Aside
- 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 ?
- “Implied Grant” in Law of Easements
- Implied Grant: A Valid Mode of Creation of Easement under Indian Law
- “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)?
- 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?
- What is Easement, in law? Right of Easement Simplified
- 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
- Easement by Prescription – Grant or ‘Acquiring’ by “Hostile Act”
- Sec. 7 Easements Act – Natural Advantages Arising from the Situation of Land & Natural Flow of Water
- Licence and Irrevocable Licence: Section 60 Easements Act Applies only to ‘Bare Licences’ and Not to ‘Contractual Licences’
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
- Does Registration of a Document give Notice to the Whole World?
- Is Registration of a Deed, Notice to Government?
- 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
- What is Torrens System
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 a Cheque-Case under NI Act Lie Against a Partnership/ Trust/ Society?
- Partnership Firm Need Not be an Accused in S. 138 NI Act Complaint
- Mansi Finance (Chennai) Ltd. v. M. Lalitha (2026 INSC 547, May 26, 2026.): Cheque Bounce (NI Act) Cases: No Deemed Liability to the Directors of a Company or Society; The Complaint Must Disclose Factual Basis
- Presumptions Regarding Consideration in Cheque Cases under the NI Act
- An Inchoate Cheque (Signed Blank Cheque or Incomplete Cheque) Cannot be Enforced Through a Court of Law Invoking Presumptions under the NI 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
- 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
- Sadiq B. Hanchinmani v. The State of Karnataka: Supreme Court held – Commission of Cognizable Offence, On the Face of it, Merit Police Investigation
- ‘Prima Facie Case’ in Criminal Cases
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
- Interpretation of Wills
- Interpretation of Inconsistent Clauses in a Will
- Executors of Will – Duties & their Removal
- A Witness to Hindu-Will will not Lose Benefit
- Will – Probate and Letters of Administration
- How to Write a Will? Requirements of a Valid Will
- Witnesses to the Will Need Not See the Execution of the Will
- How to Prove a Will, in Court? Is Presumption enough to Prove a Registered Will?
- When Execution of a Will is ‘Admitted’ by the Opposite Side, Should it be ‘Proved’?
- 30 Years Old Documents- No ‘Absolute’ Presumption of Truth of Contents, under Sec. 90 Evidence Act
- Suit on Possessory Remedy, Other side Admits Possession; Should the Will be Proved?
- Presumption on Registered Documents & Truth of Contents
- Presumptions on Documents and Truth of Contents
- Parvathi Nairthi v. Laxmi Nairthy: Deprivation of Natural Heirs Not Amount to Suspicious Circumstance; A Will is not Required to be Proved with Mathematical Accuracy; Unregistered Will is Valid.
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
- Sabarimala Review: Supreme Court to Decide the Contours of Constitutional Morality
- 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
- Suits and Criminal Complaints By and Against a Company
- Suits By or Against Societies, Clubs
- Court’s Jurisdiction to Interfere in the Internal Affairs
- How to Sue Societies, Clubs and Companies
- Members of a Charitable Society which Runs a College are Tractable to Prevention of Corruption Act
- Does a Cheque-Case under NI Act Lie Against a Partnership/ Trust/ Society?
- Lifting Corporate Veil of Companies and Subsidiary Companies
- 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
- Secularism and Art. 25 & 26 of the Indian Constitution
- Secularism & Freedom of Religion in Indian Panorama
- ‘Muslim Women: Ban to Enter Mosques, Is it Unconstitutional
- Parsi Women Excommunication, Unconstitutional.
- Knanaya Endogamy & Constitution of India
- State & Court – Protectors of All Charities
- Striking Down Legislation Relating to a Trust as Violative of Article 14 and 300A
- Ayodhya and Sabarimala Disputes
- General