Saji Koduvath, Advocate, Kottayam
| Section 47 of The Registration Act, 1908 reads thus: “47. Time from which registered document operates – A registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration.” |
Legal effect of Section 47 Registration Act
The Constitution Bench in Ram Saran Lall v. Domini Kuer, AIR 1961 SC 1747 considered Section 47 of The Registration Act and observed to the following effect:
- A registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been made. That is, it has nothing to do with the completion of the registration.
- It applies to a document only after it has been registered.
- In the same way it has nothing to do with the completion of the registration, it has nothing to do with the completion of a sale when the instrument is one of sale.
- A sale which is admittedly not completed until the registration of the instrument of sale is completed, cannot be said to have been completed earlier.
The Supreme Court held as under:
- “8. We do not think that the learned Attorney-General’s contention is well founded. We will assume that the learned Attorney-General’s construction of the instrument of sale that the property was intended to pass under it on the date of the instrument is correct. Section 47 of the Registration Act does not, however, say when a sale would be deemed to be complete. It only permits a document when registered, to operate from a certain date which may be earlier than the date when it was registered. The object of this section is to decide which of two or more registered instruments in respect of the same property is to have effect. The section applies to a document only after it has been registered. It has nothing to do with the completion of the registration and therefore nothing to do with the completion of a sale when the instrument is one of sale. A sale which is admittedly not completed until the registration of the instrument of sale is completed, cannot be said to have been completed earlier because by virtue of Section 47 the instrument by which it is effected, after it has been registered, commences to operate from an earlier date. Therefore we do not think that the sale in this case can be said, in view of Section 47, to have been completed on January 31, 1946. The view that we have taken of Section 47 of the Registration Act seems to have been taken in Tilakdhari Singh vs. Gour Narain, AIR 1921 Pat. 150. We believe that the same view was expressed in Nareshchandra Datta vs. Gireeshchandra Das, (1935) ILR 62 Cal. 979 and Gobardhan Bar vs. Guna Dhar Bar, ILR (1940) II Cal. 270.”
In Kanwar Raj Singh v. Gejo, AIR 2024 SC 238; 2024-2 SCC 416, it is observed as under:
- “6. On plain reading of Section 47, it provides that a registered document shall operate from the time from which it would have commenced to operate if no registration thereof was required. Thus, when a compulsorily registerable document is registered according to the Registration Act, it can operate from a date before the date of its registration. The date of the operation will depend on the nature of the transaction. If, in a given case, a sale deed is executed and the entire agreed consideration is paid on or before execution of the sale deed, after it is registered, it will operate from the date of its execution. The reason is that if its registration was not required, it would have operated from the date of its execution.”
In Vasudha Gupta v. Delhi Development Authority, 215 (2014) DLT 711, it is pointed out as under:
- “Section 23 of the Registration Act, 1908, clearly lays down that a document which is required to be registered must be done so within a period of four months.
- Section 47 of the Registration Act, 1908, lays down that once the registration of a document takes place, it relates back to the date when the document was executed meaning thereby that in the instant case, although the document was registered on 13.10.2011, but it could not be said that the document became operative only on 03.10.2011. On the contrary, a combined reading of the aforesaid two sections will clearly show that not only the executants of a document is given four months time to get the document registered with the Sub Registrar but also that once the said document is registered, it relates back to the date when the same was executed.”
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- Adjudication as to Proper Stamp under Stamp Act
- Impounding of Documents – When Produced; Cannot Wait Till it is Exhibited
- Unstamped & Unregistered Documents and Collateral Purpose
- LAW ON INSUFFICIENTLY STAMPED DOCUMENTS
- What is Collateral Purpose?
- Unstamped & Unregistered Documents and Collateral Purpose
- ‘Once Admitted, Always Admitted’ – Stamp Act Theory Explored in G. M. Shahul Hameed v. Jayanthi R. Hegde, AIR 2024 SC 3339
- Should Execution of a Will be ‘Proved’, Even When it is ‘Admitted’ by the Opposite Side?
- Time to Object Marking Documents – Should it While Exhibiting; Failure, Amounts to Waiver
- Can the Court Refuse to Mark a (Relevant and Admissible) Document, for (i) there is No Formal Proof or (ii) it is a Photocopy?
- PROOF OF DOCUMENTS & OBJECTIONS TO ADMISSIBILITY – How & When?
- Law on PRODUCTION, ADMISSIBILITY & PROOF OF DOCUMENTS – in a Nutshell
- Marking Documents: Should Objection be Raised Strictly When they are Marked; Is it Sufficient to Challenge them during Cross-Examination?
- Marking Secondary Evidence Without Objection: Two Apparently Divergent Views on Waiver and the Mode of Proof of Documents
- Marking Documents: Should Objection be Raised Strictly When they are Marked; Is it Sufficient to Challenge them during Cross-Examination?
- Modes of Proof of Documents
- Proof on ‘Truth of Contents’ of Documents, in Indian Evidence Act
- What is Torrens System and Torrens Plan in Registration of Deeds and Documents
- Can Documents be Marked In Cross Examination, if Witness Admits Them?
- How to Prove a Will in Court? When can Presumptions be relied on for Proof of a Will?
- Witnesses to the Will Need Not See the Execution of the Will
- A Witness to Hindu-Will will not Lose Benefit
- Presumptions on Documents and Truth of Contents
- Presumption on Registered Documents & Truth of Contents
- “Title Thereto” in the Definition of ‘Prescriptive Easement’ in Sec. 15 of the Indian Easements Act, 1882
- ‘Title & Ownership’, and ‘Possessory Title’, in Indian Law
- Survey Plan and Area Calculation: A Cursory Look
- Will Boundaries of Properties (Always) Prevail Over Survey Number, Extent, Side Measurements, etc.?
- How to Contradict a Witness under Sec. 145, Evidence Act
- Substantive Documents, and Documents used for Corroboration, Refreshing Memory and Contradicting Witnesses
- Suggestions & Admissions by Counsel, in Cross Examination to Witnesses and in Argument
- 30 Years Old Documents- No ‘Absolute’ Presumption of Truth of Contents, under Sec. 90 Evidence Act
- Modes of Proof of Documents – Admission, Direct Evidence, Expert Evidence, Presumption etc.
- Does Registration of a Document give Notice to the Whole World?
- Registration of Documents Executed out of India
- Time Limit for Registration of Documents
- Title Enquiry by the Sub Registrar is Illegal
- Sub-Registrar has no Authority to Ascertain whether the Vendor has Title
- Is Registration of a Deed, Notice to Government and Public so as to Attract Adverse Possession?
- Notary Attested Power-of-Attorney is Sufficient for Registration of a Deed
- When ‘Possession Follows Title’; When ‘Title Follows Possession’?
- POSSESSION is a Substantive Right Protected in Indian Law
- INJUNCTION is a ‘Possessory Remedy’ in Indian Law
- ‘Possession is Good Against All But the True Owner’
- Vesting of Property in Trusts
- Ultimate Ownership of All Properties Vests in the State. It is an Incident of Sovereignty, and the Government is the Paramount Title Holder also.
- Survey and Revenue Authorities Do Not Decide TITLE
- Survey Records under Survey Act – Raises a Presumption of Correctness on Boundary; though Not Confer Title
- Can Transfer of Registry or Mutation and Payment of Tax be Denied, pointing out Revenue Recovery, Attachment or Bank Loan?
- Revenue Settlements and Settlement Registers of Travancore, Cochin and Malabar
- Mistake in Boundary or Survey Number will not Invalidate a Document; Insignificant Errors in Plaint will not Disentitle a Decree
- Venkatesha v. KM Venkatamuniyappa: A Rectification Deed Cannot, in the Guise of Correcting an Error, Substitute the Very Subject Matter
- In a Suit for Fixation of Boundary, Property of the Defendant Need Not be Scheduled
- Admissibility, Substantive Evidence and Probative Value – General Principles
- Relevancy, Admissibility and Proof of Documents
- Substantial and Auxiliary Documents Used in Evidence
- Courts to Apply Different ‘STANDADARDS’ in Appreciation of Evidence
- Contents of a Document are to be Proved in Court by Producing Original or Secondary Evidence
- Best Evidence Rule in Indian Law
- Oral Evidence on Contents of Document, Irrelevant
- Contents of a Document are to be Proved in Court by Producing Original or Secondary Evidence
- Substantial and Auxiliary Documents Used in Evidence
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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?
- Suit and Counterclaim – No Necessity of Two Decrees; No Need for Two Appeals: Basudev v. Sanjay Kumar
- 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
- Divergent Decisions of Co-Equal Benches and Doctrine of Decisions ‘PER INCURIAM’
- 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
- Principles of Rejection of Plaint under Order VII Rule 11 CPC
- 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.
- Civil Court to Adjudicate Title; Land Tribunal to Fix Tenancy; Taluk Land Board to Determine Plantation Exemption
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’.
- Suit and Counterclaim – No Necessity of Two Decrees; No Need for Two Appeals: Basudev v. Sanjay Kumar
- 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
- Divergent Decisions of Co-Equal Benches and Doctrine of Decisions ‘PER INCURIAM’
- 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
- Title Deed Lost and Certified Copy Unavailable: The Law Does Not Leave the Owner Without a Remedy
- Right to Property: A Constitutional and Human Right That Cannot Be Taken Away on Mere Technical Grounds of Delay or the Fault of Public Authorities
- 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
- In Harrisons Malayalam Ltd. v. State of Kerala (2026:KER:19290), it is Held: No Findings on Title in the Previous Decision – Harrisons Malayalam Ltd. v. State of Kerala, 2018 (2) KLT 369
- 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)?
- Civil Court to Adjudicate Title; Land Tribunal to Fix Tenancy; Taluk Land Board to Determine Plantation Exemption
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
- A Defective Legislative Piece as regards Documents “Admitted in Writing” in the (Old) Evidence Act is Corrected in S. 58 of the BSA
- 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’
- Marking Secondary Evidence Without Objection: Two Apparently Divergent Views on Waiver and the Mode of Proof of Documents
- 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
- Marking Secondary Evidence Without Objection: Two Apparently Divergent Views on Waiver and the Mode of Proof of Documents
- 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
- Marking Secondary Evidence Without Objection: Two Apparently Divergent Views on Waiver and the Mode of Proof of Documents
- 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
- Plea of Easement by Express Grant and Easement of Necessity: Mutually Exclusive and Destructive
- 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?
- Registration of a Document Relates Back to the Date when it was Executed
- 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
- 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
- Adjournment of Meetings and Polling of Associations
- How to Prove Resolutions of a Company; Are Minutes Necessary?
- 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