Property: A Constitutional Right

Saji Koduvath, Advocate, Kottayam.

Contents in a Nutshell

• Right to property was a Fundamental Right till 1978.
• Its status is reduced to a Constitutional Right.
• It was done by the 44th Constitutional Amendment (1978).
• Article 300A reads – ‘No person shall be deprived of his property save by authority of law’.
• Article 300A is held to be an effective constitutional safeguard against arbitrary deprivation of property by State action.

The Constitution as Enacted in 1950

Under the Constitution as originally enacted in 1950, the right to property was guaranteed by two provisions.

• Article 19(1)(f) conferred upon every citizen the fundamental right to acquire, hold and dispose of property.
• Article 31 protected persons against deprivation of property except by authority of law and, in specified circumstances, upon payment of compensation.

These provisions enabled citizens to approach the Supreme Court directly under Article 32 for enforcement of their property rights.

Right To Property – Subject of Constitutional and Political Debate

However, the right to property soon became the subject of intense constitutional and political debate. Land reform legislation enacted by the States, intended to abolish intermediaries and redistribute agricultural land, frequently came into conflict with these constitutional guarantees. A series of constitutional amendments and judicial decisions followed, reflecting the continuing tension between individual property rights and the State’s socio-economic objectives.

The matter was finally settled by the Constitution (Forty-fourth Amendment) Act, 1978. This Amendment repealed Articles 19(1)(f) and 31, thereby removing the right to property from the list of Fundamental Rights. Simultaneously, a new provision—Article 300A—was inserted into Part XII of the Constitution.

Article 300A provides:

• “No person shall be deprived of his property save by authority of law.”

Consequence of New Provision—Article 300A

The consequence is significant. The right to property is no longer enforceable as a Fundamental Right under Article 32. Instead, the challenge lies before the High Courts under Article 226 or before other competent civil or revenue courts.

The expression “authority of law” in Article 300A is not an empty formality. The law authorising deprivation must itself satisfy constitutional requirements. It must be validly enacted by a competent legislature, must not be arbitrary or illusory, and must conform to other constitutional limitations, particularly Articles 14 and 21.

The Supreme Court has repeatedly emphasised – though Article 300A does not restore the status of property as a Fundamental Right, it nevertheless embodies an important constitutional guarantee.

Art. 300A Ensures – State Acts Only under Authority of Law

Accordingly, while the constitutional status of the right to property has been downgraded since 1978, its protection has not been abolished. Article 300A continues to ensure that the State acts only under the authority of law and within the limits imposed by the Constitution whenever it seeks to deprive a person of property.

The following are the most important decisions on Article 300A:

1. Jilubhai Nanbhai Khachar v. State of Gujarat, (1995) Supp (1) SCC 596	One of the earliest leading cases. The Court held that Article 300A protects property from deprivation except by authority of law. Executive action alone cannot deprive a person of property.
2. Bishambhar Dayal Chandra Mohan v. State of Uttar Pradesh, (1982) 1 SCC 39	Even after deletion of Article 31, the State cannot interfere with private property without legal authority. Every deprivation must be supported by law.
3. Delhi Airtech Services Pvt. Ltd. v. State of Uttar Pradesh, (2011) 9 SCC 354	Property is still a constitutional and human right. The State must strictly comply with statutory requirements before depriving a person of property.
4. K.T. Plantation Pvt. Ltd. v. State of Karnataka, (2011) 9 SCC 1	The leading Constitution Bench decision on Article 300A. The Court held that Article 300A is not a mere formality. The law authorising deprivation must be just, non-arbitrary and serve a public purpose. Though compensation is not expressly guaranteed, wholly illusory compensation may render the law unconstitutional.
5. State of Haryana v. Mukesh Kumar, (2011) 10 SCC 404	The Court described the right to property as a human right as well as a constitutional right and strongly criticised arbitrary attempts by the State to appropriate private property through adverse possession.
6. Tukaram Kana Joshi v. Maharashtra Industrial Development Corporation, (2013) 1 SCC 353	The State cannot occupy private land for decades without acquisition or compensation. Such conduct violates Article 300A.
7. Vidya Devi v. State of Himachal Pradesh, (2020) 2 SCC 569	One of the strongest modern decisions. The Court held that forcible possession of private land without acquisition proceedings or compensation is unconstitutional and violates Article 300A. Property remains both a constitutional and a human right.
8. Hari Krishna Mandir Trust v. State of Maharashtra, (2020) 9 SCC 356	The Government cannot simply record private land as public property in revenue records without following due process. Article 300A requires authority of law.
9. Hindustan Petroleum Corporation Ltd. v. Darius Shapur Chenai, (2005) 7 SCC 627	Though concerning land acquisition, the Court stressed that deprivation of property must strictly comply with statutory procedure and constitutional safeguards.
10.B.K. Ravichandra v. Union of India, (2021) 2 SCC 401	The Court reaffirmed that Article 300A protects individuals against arbitrary deprivation of property and that due process prescribed by law must be observed.

The Following Decisions Say – the Govt. has Similar Rights over Public Properrty

1. State of Haryana v. Mukesh Kumar, (2011) 10 SCC 404 —	This is a strong judgment on the protection of Government property. Government property cannot be grabbed. The Court emphasised that public property belongs to the people and Government officials are under a constitutional duty to preserve it. The Court said that public property is held by the Government as a trustee for the people, and it must protect such property against encroachers. However, the Court also made it equally important –  “The Government, including all instrumentalities of the State, cannot be permitted to perfect title over private property by invoking the doctrine of adverse possession.” This case is often cited both: to protect private property against the State; and to emphasise the Government’s duty to safeguard public property.
2. Jagpal Singh v. State of Punjab, (2011) 11 SCC 396 —	Protection of village common and Government land This is a landmark judgment. The Supreme Court directed all State Governments to remove encroachments from Gram Sabha, Panchayat, and other public lands. The Court observed – public lands belong to the community; courts should not encourage regularisation of illegal occupations; Government authorities are under a legal duty to recover public lands from encroachers. The Court remarked that such lands are meant for the benefit of the entire village community and Public land cannot be allowed to be appropriated by private persons.
3. M.I. Builders Pvt. Ltd. v. Radhey Shyam Sahu, (1999) 6 SCC 464	The Court held that public property cannot be diverted or alienated contrary to law. Municipal authorities hold public property in trust for the public and cannot deal with it as if it were private property. This decision applies the public trust doctrine to Government-owned land.
4. Intellectuals Forum, Tirupathi v. State of Andhra Pradesh, (2006) 3 SCC 549	Public trust doctrine, imposes a fiduciary obligation oon the Government to preserve it.  The Court reiterated that: lakes, parks, Government lands, public resources are held by the State as trustee for the public. Government has an affirmative constitutional duty to preserve such properties and cannot permit their illegal occupation.
5. Hinch Lal Tiwari v. Kamala Devi, (2001) 6 SCC 496	The Court ordered restoration of village pond land illegally allotted to private persons. It held that community lands must be protected and restored because they serve public purposes.

Public Trust Doctrine imposes Limits and Obligations

In Fomento Resorts & Hotels Ltd. v. Minguel Martins, (2009) 3 SCC 571, our Apex Court held as under:

• “53. The public trust doctrine enjoins upon the Government to protect the resources for the enjoyment of the general public rather than to permit their use for private ownership or commercial purposes. This doctrine puts an implicit embargo on the right of the State to transfer public properties to private party if such transfer affects public interest, mandates affirmative State action for effective management of natural resources and empowers the citizens to question ineffective management thereof.
• 54. The heart of the public trust doctrine is that it imposes limits and obligations upon government agencies and their administrators on behalf of all the people and especially future generations….”

Rama S/o Gunda Malkapure v. The State of Maharashtra

The Bombay High Court (Siddheshwar S. Thombre, J.), Aurangabad Bench, in Rama S/o Gunda Malkapure v. The State of Maharashtra, 2026:BHC-AUG:20436, quashed and set aside the Order of the Minister upholding the property rights of the landowners, under Article 300A of the Constitution. It held to the following effect:

• Erroneous revenue entries that led to a reduction in area will not defeat the rights of the landowners, under Article 300-A of the Constitution of India.
• The revenue authorities, being custodians of the record, are required to explain how such reduction occurred. The petitioner cannot be blamed for incorrect entries maintained by the authorities.
• A legal-constitutional right cannot be taken away on technical grounds of delaywhen the fault lies with the authorities.
• There will be no specific period of limitation for seeking corrections to such wrong entries. (The failure of authorities to issue statutory notices often prevents landowners from discovering errors in real-time.)

Read Similar Articles # Anurag Krishna Sinha v. State of Bihar [Neutral Citation: 2026 INSC 219]: The SC Struck Down Legislation Relating to a Trust as Violative of Article 14 and 300A # Rama S/o Gunda Malkapure v. The State of Maharashtra held -Property Rights Cannot be Taken Away on Technical Grounds of Delay # Kesavananda Bharati Case: Effect and Outcome – Never-Ending Controversy # State-Interference in Affairs of Societies & Clubs

No Limitation for Seeking Corrections To Revenue Entries

The Bombay High Court (Rama v. The State of Maharashtra) pointed out that no specific period of limitation is stated either in the Maharashtra Prevention of Fragmentation and in the Consolidation of Holdings Act, 1947 or in the Maharashtra Land Revenue Code, 1966. Therefore not bars for an an owner for seeking corrections to such entries. It was also found that the failure of authorities to issue statutory notices often prevents landowners from discovering errors in real-time.

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Civil Suits: Procedure & Principles

Book No, 1 –  Civil Procedure Code

• Venkatesha v. KM Venkatamuniyappa: A Rectification Deed Cannot, in the Guise of Correcting an Error, Substitute the Very Subject Matter
• 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
• 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&nb sp;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&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

• Tharammel Peethambaran vs T. Ushakrishnan, Pankaj Mithal, S.V.N. Bhatti, JJ.,  AIR 2026 SC 938: A Classic Decision on Secondary Evidence
• 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

• Grammatically and Contextually, the Non Obstante Clause in Section 63(1) BSA is Confined to the Deeming Fiction
• 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?
• Tharammel Peethambaran vs T. Ushakrishnan, Pankaj Mithal, S.V.N. Bhatti, JJ.,  AIR 2026 SC 938: A Classic Decision on Secondary Evidence
• 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

• Jaspal Singh v. Ashwani Kumar: Earnest Money Refund Clause Does Not Bar Specific Performance unless it is a Substitute for Sale
• 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.

Specific Relief Act

• Jaspal Singh v. Ashwani Kumar: Earnest Money Refund Clause Does Not Bar Specific Performance unless it is a Substitute for Sale
• Venkatesha v. KM Venkatamuniyappa: A Rectification Deed Cannot, in the Guise of Correcting an Error, Substitute the Very Subject Matter

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
  • General  Features
  • Bye Laws  Fundamental
  • Effect of Registration of Societies and Incorporation of  Clubs
  • Societies and Branches
• Property & Trust
  • Vesting of Property in Societies and  Clubs
  • Incidents of Trust in Clubs and  Societies
  • Can a Trust be Registered as a  Society? Can a Society be Converted into a  Trust?
  • Juristic Personality of Societies and  Clubs
  • Legal Personality of Trustees and Office Bearers
• 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
  • Amendment of Bye laws of Societies and  Clubs
  • Dissolution of Societies and  Clubs
• Rights and Management
  • Rights & Liabilities of Members of Clubs and  Societies
  • Individual Membership Rights in Societies & Clubs
  • Management – Powers of General Body and Governing  Body
  • Expulsion of Members & Removal of  Office-Bearers
  • Law on Meetings: An  Overview
  • How to Prove Resolutions of a Company; Are Minutes  Necessary?
• Election
  • Election & Challenge in Societies and  Clubs
  • Court Interference in Election  Process
• State Actions
  • State-Interference in Affairs of Societies &  Clubs

Book No.  4:  Common Law of TRUSTS in India

• General Principles
  • Classification of Trusts
  • What is Trust in Law?
  • Public & Private Trusts in  India.
  • Trust is ‘An Obligation’; Not a Legal Entity
  • Indian Law Does Not Accept Salmond, as to Dual  Ownership
  • Trusts and Trust  Deeds
  • Lucknow Nagar Nigam v. Kohli Brothers Colour Lab, 2024-2 SCR  847
• Dedication and Vesting
  • Dedication of Property in Public  Trusts
  • Vesting of Property in  Trusts
  • Incidents of Trust in Clubs and  Societies
  • Can a Trust be Registered as a  Society? Can a Society be Converted into a  Trust?
  • What is Munambam Wakf Land Issue? If there is No Permanent Dedication, there will be No  Wakf.
• Trustees and Management
  • Trustees and Administration of Public Trusts
  • Alienation of Public Trust  Property
  • Extinction, Discharge, Revocation, etc. of Public  Trusts
  • Charitable and Religious Trusts Act, 1920: Provisions as regards opinion, advice or direction of the  Court.
• Breach of Trust
  • Breach of Trust and Removal of Trustees
• Suits by or against Trusts
  • Suits By or Against Trusts and Trustees
  • A Trust Cannot Be Made as a Party  to a  Litigation
  • Remedies Under Sec. 92  CPC
  • Operation Asha   v. Shelly Batra, a Landmark Judgment on Sec. 92, CPC – Critical  Appreciation
  • Does a Cheque-Case under NI Act Lie Against a Partnership/ Trust/  Society?
• Law on Hindu Religious  Endowments
  • Philosophy of  Idol  Worship
  • Is an Idol a Perpetual  Minor?
  • Hindu Temples & Law of  Trusts
  • Law of Mutts and Other Hindu Endowments
  • Shebaits & Mahants and Law of Trustees
• Temples, Gurudwaras, Churches and  Mosques  –  General
  • Legal Personality of Temples, Gurudwaras, Churches and  Mosques
• 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
  • Ayodhya  Disputes:  M. Siddiq case – Pragmatic Verdict
  • Sabarimala Review Petitions & Reference to 9-Judge  Bench
  • SABARIMALA REVIEW and Conflict in Findings between Shirur Mutt Case & Durgah Committee  Case
• General
  • Public Trusts and (State) Endowments/Trusts Acts
  • Public Trusts and Indian Trusts Act – An  Overview
  • Business by Charitable Trusts &  Institutions