Saji Koduvath, Advocate, Kottayam.
| Contents in a Nutshell •• • 1. Sec. 63 BSA: Status of Copy (computer output) is raised to Original •• • 2. Thereby, the admissibility of such a copy is not subject to S. 58 (recognised forms of secondary evidence) & S. 60 (when secondary evidence is admissible). •• • 3. S. 63 Certificate – an Enabling Provision (See words: ALSO & DESIRED) •• • 4. S. 63 Certificate – confined to “STATEMENTS” (Not “computer output“) •• • 5. S. 61 BSA is a New Provision; It is to Override Arjun Panditrao •• • 6. Arjun Panditrao: ‘Statements’ Embrace even Video and Photograph •• • 7. Drastic Legislative Change to Arjun Panditrao – (to secure alternative routes) •• • 8. S. 63 Applies only “If the Conditions …. Are Satisfied” •• • 9. Contents of Section 63(4) Certificate •• • 10. The words “Subject to S. 63” in S. 61 do not Suggest Certificate Compulsory. •• • 11. HASH Value Certificate – Logic requires hash values (of copy) at the time of ‘copying’. |
1. Sec. 63 BSA: Status of Copy (computer output) is raised to Original
Section 63, Bharatiya Sakshya Adhiniyam, 2023, speaks as to copy (computer output) as under –
- “ (1) Notwithstanding anything contained in the Act … any information contained in an electronic record which is printed on paper…. or copied in any electronic form (hereinafter referred to as the computer output) shall be deemed to be also a document …..”
Three important legal effects of Section 63(1)
- 1. The opening words, “Notwithstanding anything contained in this Act,” in Section 63(1) are directed only to the statutory fiction that a computer output shall be deemed to be an electronic record (i.e., the original document). The non obstante clause is confined to this deeming provision. It should not be construed as overriding every provision of the Act relating to the proof or admissibility of electronic evidence. Its function is only to support the legal fiction created by Section 63(1), not to govern the admissibility of electronic evidence generally.
- 2. Under Section 63(1), a ‘computer output‘ (copy) is deemed to be a document. The computer output is raised to the status of an electronic record (original) for the purposes of admissibility.
- 3. The effect of sub-section (4) is that the admissibility of a ‘computer output’ (copy) is not subject to the requirements of Section 58 (which defines the recognised forms of secondary evidence), or Section 60 (which specifies the circumstances in which secondary evidence is admissible).
- Note: When the document is defined in Section 2(1)(d), it is laid down as under: ”
- ” ‘document’ means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records.”
- Note: When the document is defined in Section 2(1)(d), it is laid down as under: ”
2. S. 63 Certificate – an Enabling Provision
- Section 63, Certificate is not mandatory; it is only an enabling provision for the following:
- 1. Section 62, BSA says –
- The contents of electronic records MAY be proved (not shall be proved) in accordance with the provisions of section 63.
- 2. Section 63(1), BSA reads –
- … “the computer output shall be deemed to be ALSO a document”
- 3. Section 63(4) lays down:
- “where it is desired to give a statement in evidence, by virtue of this section”, it can be had by a “certificate”.
- Note: Though there is a contradiction in terms on “Notwithstanding anything” on one hand and “also” and “desire” in another, on a harmonious reading, it is definite that it is an enabling provision. (If the strict interpretation is applied, admission by the other side will also not enable marking an electronic document.)
- Therefore, an electronic document can be dealt with in accordance with the general principles applicable to documentary evidence in other provisions of the Evidence Act/ Adhiniyam. The certificate requirement (marking a document otherwise than through a witness) operates as an enabling or facilitative provision.
Section 63 does not Constitute an Exhaustive Code. Why?
Where the conditions prescribed in Section 63(1), read with Section 63(2), are not satisfied, or the deeming provisions cannot be invoked, the consequence is only that the benefit of the statutory deeming fiction (admissible without further proof or production of the original) cannot be invoked.
The inability to prove a computer output, invoking the statutory deeming provision, does not render the computer output inadmissible or incapable of proof.
- It can still be proved by any other lawful mode of proof recognised by the Bharatiya Sakshya Adhiniyam, 2023, if the facts of the case permit.
Accordingly, Section 63 does not constitute an exhaustive code governing the proof of computer outputs or electronic evidence. It merely provides one statutory method of proof by conferring the benefit of a legal fiction upon a computer output that satisfies the requirements of the section.
3. S. 63 Certificate – Confined to “STATEMENTS” (Not “computer output“)
- It is definite from the very statute – Section 63(4), BSA Certificate is confined to “STATEMENTS”.
- It reads as under:
- “In any proceeding where it is desired to give a STATEMENT in evidence, by virtue of this section, a certificate doing any of the following things shall be submitted along with the electronic record”.
- Note: 1. What is stated is NOT – where it is desired to give a ‘computer output‘ in evidence. Instead, it speaks of giving a “statement”.
- Note: 2. Nevertheless, the Supreme Court (Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1: AIR 2020 SC 4908) does not accept this view. It is held –
- “The drill of Section 65A and 65B alone be followed when it comes to admissibility of information contained in electronic records.”
- Note: 3. “STATEMENT” according to BSA is –
- that which can be expressed in the form of ‘oral evidence’. It is clear from the following
- “STATEMENT” according to BSA is – expressed in ‘oral evidence’.
- Sec: 2(1)(e) – Evidence is statements of witnesses
- 15 -19 – Admission is statement of witness
- 26 – Statement of a dead person
- 28 – Entries in books of account
- 30 – Statements in maps, plans
- 31 – Statements in Acts Notification
- 32 – Statements in law books
- 33 – If longer statements
- 79 – Statement of accused
- Also See Sections: 89, 94, 95, 125, 147,
- Also See Sections: 148, 158, 160, 161.
4. CCTV footage, CDs & Trap Video: Cannot be Proved with a Certificate
- Following are the conditions for admissibility of a computer output under Section 63(2) —
- (a) the computer output containing the information was produced by the computer or communication device during the period over which the computer or communication device was used regularly to create, store or process information for the purposes of any activity regularly carried on over that period by the person having lawful control over the use of the computer or communication device;
- (b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer or communication device in the ordinary course of the said activities;
- (c) throughout the material part of the said period, the computer or communication device was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and
- (d) the information contained in the electronic record reproduces or is derived from such information fed into the computer or communication device in the ordinary course of the said activities.
| Item | Section | Why not attracted |
| CCTV Footage | 63(2)(a) | Device was NOT used regularly for any activity regularly carried on by the person having lawful control. |
| Photograph, Trap-Video or CDs of speech Videograph of the scene of the crime, | 63(2)(b) | NOT regularly fed into the device in the ordinary course. |
| 63(2)(d) | NOT derived from such information fed in the ordinary course. |
5. Arjun Panditrao: ‘STATEMENT’ Embrace even Video and Photograph
- In Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, the Supreme Court adopted an expansive interpretation of the expression “statements.” It pressed the requirement of a certificate under Section 65B as a general condition for the admissibility of all forms of computer output (copies).
- In other words, the term “statement” was construed to embrace all forms of computer output, regardless of their nature—whether a video, a photograph, or any other digital record. However, such an expansive construction does not appear to be supported either by the text of the provision or by its underlying rationale and intended scope.
- Section 63, Adhiniyam, now requires expert opinion or hash value certification over and above the Certificate laid down in the former provision under Section 65B of the Indian Evidence Act.
Read :Sec. 65B, Evidence Act: Arjun Paditrao Criticised.
6. S. 61 BSA is a New Provision; it is to Override Arjun Panditrao
- Section 61 of the BSA, is a new provision. It was not in the Indian Evidence Act, 1872. Section 61, Adhiniyam says as under:
- “61. Electronic or digital record. Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the evidence on the ground that it is an electronic or digital record and such record shall, subject to section 63, have the same legal effect, validity and enforceability as other document.”
- It is plain — Section 61 is a provision intended to secure alternative routes for admitting computer outputs (copies of electronic records), that is, otherwise than through the certificate contemplated under Section 63.
- The Supreme Court decision in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1: AIR 2020 SC 4908, had established a strict interpretation. It laid down that the proof by the certificate under Section 65B (Section 63, Adhiniyam) was mandatory for admitting a computer output (copy) in evidence. Thus, it is clear – S. 61 BSA is to override Arjun Panditrao.
7. Drastic Legislative Change to Arjun Panditrao
- Section 61, Adhiniyam made a drastic legislative change to the deliberation placed by Arjun Panditrao Khotkar. By virtue of Section 61, a computer output (i.e., a copy of an electronic record) is capable of being proved by any mode of proof recognised under the Adhiniyam, and is not restricted to proof solely through the certificate.
- In any event, Section 61 is worded with a view that it must be understood as a provision intended to secure alternative routes for admitting computer outputs (copies of electronic records); that is, otherwise than through the certificate contemplated under Section 63.
8. Section 63(4) Certificate
Section 63(4) BSA reads as under:
- “(4) In any proceeding where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things shall be submitted along with the electronic record at each instance where it is being submitted for admission, namely:—
- .(a) identifying the electronic record containing the statement and describing the manner in which it was produced;
- (b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer or a communication device referred to in clauses (a) to (e) of sub-section (3);
| The following are the clauses (a) to (e) of sub-section (3) .(a) in stand-alone mode; or (b) on a computer system; or (c) on a computer network; or (d) on a computer resource ….; or (e) through an intermediary. |
- (c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate,
| The conditions in sub-section (2)— .(a) …. during the period …. used regularly …; (b) …. information ….. regularly fed; (c) …. operating properly ….; and (d) information …. fed … in the ordinary course … |
- and purporting to be signed by a person in charge of the computer or communication device or the management of the relevant activities (whichever is appropriate) and an expert shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it in the certificate specified in the Schedule.”
9. Do the words “Subject to S. 63” in S. 61 Suggest Certificate Compulsory?
- Section 61 reads as under:
- “Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the evidence on the ground that it is an electronic or digital record and such record shall, subject to section 63, have the same legal effect, validity and enforceability as other document.”
- Do the words “subject to Section 63” in Section 61 suggest that the admissibility of a computer output depends upon the compulsory production of the certificate under Section 63?
- This argument can be responded as under:
- 1. The above interpretation (based on the words “subject to Section 63”) would defeat the very purpose of introducing the new provision (Section 61), which expressly states – “Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the evidence on the ground that it is an electronic or digital record”.
- 2. If the certificate under Section 63 were to remain as an inflexible rule, Section 61 would be rendered surplusage or otiose.
- 3. The harmonious construction would therefore be the following-
- 4. Section 61 seeks to mitigate the rigidity of the earlier position (as reflected in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal), which was understood to require that a computer output be proved only through a certificate under Section 63(4). And, Section 61 permits proof through any recognised mode, while retaining Section 63 as one of the available methods of proof.
10. HASH Value Certificate – Logic Requires Hash Values (of copy) at the time of ‘Copying’
The Certificate required in Sec. 63(4)(c) of the Sakshya Adhiniyam (BSA) must be:
- (i) “purporting to be signed by a person in charge of the computer or communication device or the management of the relevant activities (whichever is appropriate) and an expert shall be evidence of any matter stated in the certificate” and
- (ii) “in the form specified in the Schedule”.
- Note:
- Sec. 63(4)(c) of the BSA does not specifically mandate hashing of copy, and it must be done at the time of copying.
- But logic and the judicial precedents strongly support recording the hash values (of copy) at the time of ‘copying’.
11. Conclusion
Section 61 of the Bharatiya Sakshya Adhiniyam, 2023, restores flexibility by recognising alternative modes of proof, while reserving Section 63 for a specific, certificate-based method of admissibility.
Section 61 has been introduced with the following clear and purposeful objectives:
- 1. To clarify that a computer output (i.e., a copy of an electronic record) can be proved by examining a competent witness, and not exclusively by producing a certificate under Section 63(4).
- 2. To make it clear that the procedural requirements under Section 63(4), such as furnishing a certificate and hash value apply only when a party opts to rely on that mode of proof (without examining a witness).
Viewed in this light, Section 61 can be seen –
- (i) as a legislative response to the strict and mandatory approach adopted in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, and
- (ii) as an attempt to ensure flexibility in the law relating to electronic evidence to align with global trends in jurisdictions such as the United Kingdom, the United States and Canada.
End Notes:
Sections 56 to 60 of the Bharatiya Sakshya Adhiniyam, 2023, deal generally with law on documents. They read as under:
- 56. Proof of contents of documents. The contents of documents may be proved either by primary or by secondary evidence.
- 57. Proof of documents by primary evidence. Documents shall be proved by primary evidence except in the cases hereinafter mentioned.
- 58. Secondary evidence. Secondary evidence includes—
- (i) certified copies given under the provisions hereinafter contained;
- (ii) copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies;
- (iii) copies made from or compared with the original;
- (iv) counterparts of documents as against the parties who did not execute them;
- (v) oral accounts of the contents of a document given by some person who has himself seen it;
- (vi) oral admissions;
- (vii) written admissions;
- (viii) evidence of a person who has examined a document, the original of which consists of numerous accounts or other documents which cannot conveniently be examined in Court, and who is skilled in the examination of such documents.”
- 59. Primary evidence. Primary evidence means the document itself produced for the inspection of the Court.
- 60. Cases in which secondary evidence relating to documents may be given. Secondary evidence may be given of the existence, condition, or contents of a document in the following cases, namely:
- (a) when the original is shown or appears to be in the possession or power-(i) of the person against whom the document is sought to be proved; or(ii) of any person out of reach of, or not subject to, the process of the Court; or(iii) of any person legally bound to produce it, and when, after the notice mentioned in section 64 such person does not produce it;
| Section 64. Rules as to notice to produce. Secondary evidence …. in clause (a) of section 60, shall not be given unless …. previously given …. such notice to produce it: Provided that such notice shall not be required .(a) (b) when, from the nature of the case, the adverse party must know that he will be required to produce it; (c) …(d) ….. (e) when the adverse party or his agent has admitted the loss of the document; (f) ….. “Adverse Party Must Know that He Will Be Required To Produce It” Some instances: 1. A photocopy of a document was produced before the court by him. 2. The owner of a goods vehicle was questioned as to the contents of a permit to suggest that it did not contain a permit to take passengers. 3. When a witness “is about to make any statement as to the contents of a document, the opposite party objected it”, under Section 147 of the BSA. |
- (b) when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest;
- (c) when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time;
- (d) when the original is of such a nature as not to be easily movable;
- (e) when the original is a public document within the meaning of section 74;
- (f) when the original is a document of which a certified copy is permitted by this Adhiniyam, or by any other law in force in India to be given in evidence;
- (g) when the originals consist of numerous accounts or other documents which cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole collection.
- Explanation. – For the purposes of-
- (i) clauses (a), (c) and (d), any secondary evidence of the contents of the document is admissible;
- (ii) clause (b), the written admission is admissible;
- (iii) clause (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible;
- (iv) clause (g), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such document.
Sections 61, 62, 63 of the BSA deal with electronic or digital evidence. They read as under:
- 61. Electronic or digital record. Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the evidence on the ground that it is an electronic or digital record and such record shall, subject to section 63, have the same legal effect, validity and enforceability as other document.
- 62. Special provisions as to evidence relating to electronic record. The contents of electronic records may be proved in accordance with the provisions of section 63.
- 63. Admissibility of electronic records. (1) Notwithstanding anything contained in this Adhiniyam, any information contained in an electronic record which is printed on paper, stored, recorded or copied in optical or magnetic media or semiconductor memory which is produced by a computer or any communication device or otherwise stored, recorded or copied in any electronic form (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence or any contents of the original or of any fact stated therein of which direct evidence would be admissible.
- (2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:—
- (a) the computer output containing the information was produced by the computer or communication device during the period over which the computer or communication device was used regularly to create, store or process information for the purposes of any activity regularly carried on over that period by the person having lawful control over the use of the computer or communication device;
- (b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer or communication device in the ordinary course of the said activities;
- (c) throughout the material part of the said period, the computer or communication device was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and
- (d) the information contained in the electronic record reproduces or is derived from such information fed into the computer or communication device in the ordinary course of the said activities.
- (3) Where over any period, the function of creating, storing or processing information for the purposes of any activity regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by means of one or more computers or communication device, whether—
- (a) in stand-alone mode; or
- (b) on a computer system; or
- (c) on a computer network; or
- (d) on a computer resource enabling information creation or providing information processing and storage; or
- (e) through an intermediary,
- all the computers or communication devices used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer or communication device; and references in this section to a computer or communication device shall be construed accordingly.
- (4) In any proceeding where it is desired to give a STATEMENT in evidence by virtue of this section, a certificate doing any of the following things shall be submitted along with the electronic record at each instance where it is being submitted for admission, namely:—
- (a) identifying the electronic record containing the statement and describing the manner in which it was produced;
- (b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer or a communication device referred to in clauses (a) to (e) of sub-section (3);
- (c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate,
- and purporting to be signed by a person in charge of the computer or communication device or the management of the relevant activities (whichever is appropriate) and an expert shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it in the certificate specified in the Schedule.
- (5) For the purposes of this section,—
- (a) information shall be taken to be supplied to a computer or communication device if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;
- (b) a computer output shall be taken to have been produced by a computer or communication device whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment or by other electronic means as referred to in clauses (a) to (e) of sub-section (3).
End Notes:
The schedule in the Bharatiya Sakshya Adhiniyam, 2023
THE SCHEDULE
[See section 63(4)(c)]
CERTIFICATE
PART A
(To be filled by the Party)
I, _____________________ (Name), Son/daughter/spouse of ___________________ residing/employed at __________________________ do hereby solemnly affirm and sincerely state and submit as follows:—
I have produced electronic record/output of the digital record taken from the following device/digital record source (tick mark):—
Computer / Storage Media # DVR # Mobile # Flash Drive # CD/DVD # Server # Cloud # Other #
Other: ________________________________________ Make & Model: _______________ Color: _______________ Serial Number: _______________ IMEI/UIN/UID/MAC/Cloud ID _____________________ (as applicable) and any other relevant information, if any, about the device/digital record ____ (specify).
The digital device or the digital record source was under the lawful control for regularly creating, storing or processing information for the purposes of carrying out regular activities and during this period, the computer or the communication device was working properly and the relevant information was regularly fed into the computer during the ordinary course of business. If the computer/digital device at any point of time was not working properly or out of operation, then it has not affected the electronic/digital record or its accuracy. The digital device or the source of the digital record is:—
Owned # Maintained # Managed # Operated by me (select as applicable).
I state that the HASH value/s of the electronic/digital record/s is _________________, obtained through the following algorithm:—
# SHA1:
# SHA256:
# MD5:
# Other__________________ (Legally acceptable standard)
(Hash report to be enclosed with the certificate)
(Name and signature)
Date (DD/MM/YYYY): _____
Time (IST): ________ hours (In 24 hours format)
Place: ____________
PART B
(To be filled by the Expert)
I, ____________________ (Name), Son/daughter/spouse of _____________________ residing/employed at _________________________ do hereby solemnly affirm and sincerely state and submit as follows:—
The produced electronic record/output of the digital record are obtained from the following device/digital record source (tick mark):—
Computer / Storage Media # DVR # Mobile # Flash Drive # CD/DVD # Server Cloud # Other # Other: ________________________________________
Make & Model: _______________ Color: _______________
Serial Number: _______________
IMEI/UIN/UID/MAC/Cloud ID_____________________ (as applicable) and any other relevant information, if any, about the device/digital record _______ (specify).
I state that the HASH value/s of the electronic/digital record/s is _____________________, obtained through the following algorithm:—
# SHA1:
# SHA256:
# MD5:
# Other__________________ (Legally acceptable standard)
(Hash report to be enclosed with the certificate)
(Name, designation and signature)
Date (DD/MM/YYYY): _____
Time (IST): ________ hours (In 24 hours format)
Place: ____________
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- ‘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&nbs p;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
- Copyright and Copyright Infringement – Indian Law
- 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
- Can the Forest Tribunal Make a Finding on Title?
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’
- Can Transfer of Registry or Mutation and Payment of Tax be Denied, pointing out Revenue Recovery, Attachment or Bank Loan?
- 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)
- 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
Survey, 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’
- Can Transfer of Registry or Mutation and Payment of Tax be Denied, pointing out Revenue Recovery, Attachment or Bank Loan?
- Survey Authorities Do Not Decide TITLE
- Mistake in Boundary or Survey Number will not Invalidate a Document; Insignificant Errors in Pleadings will not Disentitle a Decree
- Will Boundaries of Properties (Always) Preferred Over Survey Number, Extent, Side Measurements, etc.?
- Survey under Survey Act – Raises a Presumption on Boundary; though 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?
- 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)
- Transfer of Property with Conditions & Contingent Interests
- Vested Remainder and Contingent Remainder
- Vested interest and Contingent Interest
- Rule Against Perpetuity – Simplified
- 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’
- Can Transfer of Registry or Mutation and Payment of Tax be Denied, pointing out Revenue Recovery, Attachment or Bank Loan?
- 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
- Property Rights Cannot be Taken Away on Technical Grounds of Delay: Rama S/o Gunda Malkapure v. The State of Maharashtra
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
- Can a Witness be Confronted with a Photograph During Cross-Examination Without its Prior Production (Anu C.R. v. State of Kerala)
- 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
- Is a Section 63(4) Certificate an Essential Prerequisite for the Admission of a Photograph in Evidence?
- 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
- Electronic Evidence under S. 61, 62, 63 of the BSA
- 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&nbs p;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
- Documents Produced With the Plaint are Treated As ‘Part of The Plaint’
- 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
- Can a Witness be Confronted with a Photograph During Cross-Examination Without its Prior Production?
- Saji Koduvath, Advocate, Kottay
- 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
- Is a Section 63(4) Certificate an Essential Prerequisite for the Admission of a Photograph in Evidence?
- 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 Misapplied in Several Cases in India
- Interpretation of Statutes – 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‘
- Mistake in Boundary or Survey Number will not Invalidate a Document; Insignificant Errors in Pleadings will not Disentitle a Decree
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
- Travancore Grant Deeds, in Law
- Right of Private Way Beyond (Other Than) Easement
- Easement – Should Date of Beginning of 20 Years be&nbs p;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
Natural Justice/Disciplinary Action
- Expulsion of Members & Removal of Office-Bearers
- Arjun Dass v. The State of AP: Natural Justice Violation in Removal of Mathadhipati
- Natural Justice – Not an Unruly Horse
- Krishnadatt Awasthy v. State of M.P., 29 January, 2025 – Law on Natural Justice Revisited
- Court’s Jurisdiction to Interfere in the Internal Affairs of a Club or Society
- Sec. 91 CPC and Suits Against Wrongful Acts
- Does Alternate Remedy Bar Civil Suits and Writ Petitions?
- Civil Rights & Jurisdiction of Civil Courts under Sec. 9 CPC
- Court Interference in Election Process of Societies and Clubs
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