Mere Marking (a Document) is Not Proof Vs. Waiver, if No Objection

“Mode of proof” of a document stands distinct from “inherent inadmissibility” (such as an un-stamped document)

Saji Koduvath, Advocate, Kottayam.

Part I

Abstract

If a document itself is ‘inherently inadmissible’ in evidence under law (e.g., an un-stamped document barred by the Stamp Act or evidence prohibited by statute), merely marking the document as an ‘exhibit’ does not cure its inherent inadmissibility. But, failure to object marking documents, when they are tendered in evidence, on the ground – “mode of proof” (not that the document is in itself inadmissible) bars the party from raising the objection at a later stage, including during final arguments, in appeal, or in revision.

The Core of the Controversy

There are two diametrically opposite judicial views regarding objections to the “mode of proof” of documents:

• 1. The “Mere Marking is Not Proof”: Exhibiting a document does not dispense with the requirement of proving its contents.
• 2. The “Waiver” Rule: Failure to object to a document’s mode of proof (not that the document is in itself inadmissible) at the time of exhibition constitutes an irrevocable waiver.

A Fundamental Conflict in Case Law

• The Supreme Court has yet to definitively harmonize or resolve this overarching controversy.

Mere Marking is Not Magical Establishment of Proof: SC Decisions

Simply assigning an exhibit number to a document “without objection” does not magically discharge the burden of proving its contents—unless those contents are expressly admitted by the opposing party in accordance with law [such as through pleadings under Order VIII Rule 5 CPC, explicit statements under Order X CPC, or written admissions under Order XII Rule 2 CPC; under Sections 17 to 23 of the Evidence Act / Sections 15 to 21 of the BSA].

The principal authorities are:

• Tharammel Peethambaran v. T. Ushakrishnan,  AIR 2026 SC 938.
  • It is held in this decision (Pankaj Mithal, S.V.N. Bhatti, JJ.) that the secondary evidence is NOT admissible until the non-production of the original is accounted for – that is, until the foundational facts of Section 65 are established. The court has to decide the question of admissibility before marking it as a secondary evidence. That is, mere marking, or marking on admission, does not automatically prove its contents.
• Narbada Devi Gupta v. Birendra Kumar Jaiswal, (2003) 8 SCC 745
  • To prove the tenancy, the appellant produced rent receipts bearing the respondent’s signatures. The respondent admitted his signatures; but set up a plea that the landlord had obtained his signatures on blank papers, which were later converted into rent receipts. Doctrine of waiver is applied for the tenant did not adduce independent evidence to establish the allegation of blank papers.
• Ramji Dayawala v. Invest Import: AIR 1981 SC 2085
  • Merely admitting a document into evidence or marking it as an exhibit does not dispense with proving the truth of its contents (usually through proper witness testimony). In this case, while signing the contract, it was explicitly stated that the arbitration clause (venue at Paris) was unacceptable. Immediately sent a formal letter and cable confirming the objection. The opposite party though received these communications, remained silent.

Waiver and Marking for Failure to Object: SC Decisions

If a party has an objection to the marking of a document on the ground of a defective, irregular, or insufficient mode of proof—such as secondary evidence—it must be raised when the document is tendered and before it is marked as an exhibit. Otherwise, the objection stands waived. The position remains identical where the document and relevant signatures are not disputed, and such an objection cannot be allowed to be raised at any subsequent stage.

Classic Decisions on this view are –

• (i) R.V.E. Venkatachala Gounder v. Arulmigu Viswesaraswami & V.P. Temple, (2003) 8 SCC 752.
  • The landlord-plaintiff produced photocopies of rent notes and account books to establish his long-standing management and collection of rent. The defendants objected to their admissibility on the ground that they were copies. The Court held – An objection to the mode of proof (such as marking a photocopy or secondary evidence) must be raised when the document is tendered at trial; if no objection is raised then, it stands waived and cannot be raised at the appellate stage. The Court pointed out – if the court rules against the mode of proof adopted, the party who tendered the evidence still has the opportunity to seek the court’s permission to adopt a regular method of proof, thereby curing the defect raised by the opposite party.
• (ii) Dayamathi Bai v. K.M. Shaffi, (2004) 7 SCC 107
  • The Plaintiff claimed title through a registered sale deed—which was a certified copy—executed by the sons of the original owner. The Defendant claimed to have derived rights from the original owner’s wife. The Supreme Court ruled that an objection regarding the mode of proof (such as producing a certified copy without formally establishing the loss of the original first) belongs to procedural law. Because the defendant failed to object when the documents were tendered and marked at trial, the objection stood waived and could not be raised for the first time at the appellate stage.
• (iii) Sonu @ Amar v. State of Haryana, (2017) 8 SCC 570.
  • In a case involving offenses including that under Sections 376 of the IPC, a school leaving certificate was produced to prove the age of the victim. The defence did not raise any objection when the document was tendered and marked. In appeal the defence raised objection that the document was not formally proved (examining the headmaster or author of the document). The Supreme Court held: objections such as marking a copy (other than inherently inadmissible documents—such as an unstamped document barred by the Stamp Act) must be raised at the very threshold when the document was tendered. If the party fails to object at that stage, the procedural irregularity stands waived.

Part II

Resolution of the Controversy – The Suggested Harmonisation

The Rule of Waiver applies only to procedural irregularities in the mode of proof, without overriding the statutory prerequisites or substantive requisites of proof. Possible examples of waiver: (i) A letter obtained during course of a transaction; and (ii) a document lacking signatures of an attesting witness on a deed which is not compulsorily attestable.

• Consequently, failing to examine the author of a document can be waived. But, marking secondary evidence without laying the foundational facts mandated under Section 65 of the Evidence Act, or exhibiting a document without fulfilling the statutory prerequisites of Section 65B cannot be waived.
• Therefore, (i) the waiver and (ii) the requirement of proving the contents of a document remain two distinct legal concepts.

Read Similar Articles ➧••➧Marking of Photocopy and Law on Marking Documents on Admission (Without Formal  Proof) ••••  Secondary Evidence of Documents & Objections to Admissibility  – How &  When? ➧••➧Contents of a Document are to be Proved in Court by Producing Original or Secondary  Evidence ••••  Newspaper Reports are ‘Hearsay Secondary  Evidence’ ➧••➧Proof of  Documents & Objections To Admissibility – How & When? ••••  Admissibility, Substantive Evidence and Probative Value – General Principles ➧••➧Modes of Proof of Documents – Admission, Direct Evidence, Expert Evidence, Presumption etc. ➧••➧Modes of Proof of Documents ••••  Best Evidence Rule in Indian Law ➧••➧Time to Object Marking Documents – While Exhibiting; Failure, Amounts to Waiver ••••  ‘Once Admitted, Always Admitted’ – Stamp Act Theory Explored in G. M.  Shahul Hameed v. Jayanthi R. Hegde, AIR 2024 SC 3339 ➧••➧Marking Documents: Should Objection be Raised Strictly When they are Marked; Is it Sufficient to Challenge them during Cross-Examination? ••••  Can the Court Refuse to Mark a (Relevant and Admissible) Document, for (i) there is No Formal Proof or (ii) it is a Photocopy? ➧••➧Admission of Documents in Evidence, on ‘Admission’ ••••  Document Exhibited in the Writ Petition as ‘True Copy’ – Can it be Used as ‘Admission’, in a Civil Suit? ••••  Proof on ‘Truth of Contents’ of Documents, in Indian Evidence Act ➧••➧Marking Secondary Evidence Without Objection: Two Apparently Divergent Views on Waiver and the Mode of Proof of Documents ➧••➧PROOF OF DOCUMENTS & OBJECTIONS TO ADMISSIBILITY – How & When? ➧••➧Law on PRODUCTION, ADMISSIBILITY & PROOF OF DOCUMENTS – in a Nutshell ••••  Relevancy, Admissibility and Proof of Documents

End notes

Objections to Documents: R.V.E. Venkatachala Gounder Stands as a Sole Exception?

Preponderance of Authority Mandates – Objections Be Raised at Trial, Not First Time in Appeal

Core Propositions 1. R.V.E. Venkatachala Gounder v. Arulmigu Viswesaraswami & V.P. Temple, (2003) 8 SCC 752 is the sole and odd decision of the supreme Court that says – “objection should be taken when the evidence is tendered and once the document has been admitted in evidence and marked as an exhibit”. 2. All other Supreme Court decisions say it must be at trial, and not in appeal as first time. E.g., Dayamathi Bai v. K.M. Shaffi, (2004) 7 SCC 107: “should be taken at the trial before the document is marked as an exhibit and admitted to the record.” 3. Sarkar on Evidence, 1st Edn., p.1084, “it has been stated that where copies of the documents are admitted without objection in the trial Court, “no objection to their admissibility can be taken afterwards in the court of appeal“. (Quoted in: Dayamathi Bai v. K.M. Shaffi, (2004) 7 SCC 107.) 4. Sundar @ Sundarrajan Vs. State by Inspector of Police, (2024) 12 SCC 764 (Not first be in Appeal) 5. Lachhmi Narain Singh v. Sarjug Singh, (2022) 13 SCC 746 (Must be before the trial court, and not be in appeal.) 6. Rajender @ Rajesh Vs. State (NCT of Delhi), (2019) 10 SCC 623 (Must be in Trial Court and Not first be in Appeal) 7. Sonu @ Amar v. State of Haryana, (2017) 8 SCC 570 (if not taken at the trial, cannot be permitted at the appellate stage) 8. Dayamathi Bai v. K.M. Shaffi, (2004) 7 SCC 107 (Mode of proof – objection should be taken at the trial before the document is marked) 9. Gopal Das Vs. Sri Thakurji, AIR 1943 PC 83 (Not first in Appeal: referred to in: Sonu @ Amar v. State of Haryana). 10. Padman v. Hanwanta, AIR 1915 PC 111, (objection to the admissibility in appeal for the first time.Objection should have been taken in the trial court.)

1. Substantive Admissibility Vs. Mode of Proof

• A document which is inherently inadmissible in evidence (e.g., an un-stamped document barred by the Stamp Act or evidence prohibited by statute) can be challenged at any time – even in appeal, despite a challenge in the trial court.
• But objection to mode of proof stands on a different footing. Here, the admissibility of the document itself is not disputed, but the method used to prove it stands irregular, informal, or deficient (e.g., tendering a certified copy or photocopy without first laying the foundational facts for secondary evidence).

In R.V.E. Venkatachala Gounder v. Arulmigu Viswesaraswami & V.P. Temple, (2003) 8 SCC 752, laid down the crucial distinction between two classes of evidentiary objections. It is observed as under:

• “20. The learned counsel for the defendant-respondent has relied on Roman Catholic Mission v. State of Madras [AIR 1966 SC 1457] in support of his submission that a document not admissible in evidence, though brought on record, has to be excluded from consideration. We do not have any dispute with the proposition of law so laid down in the above said case.
• However, the present one is a case which calls for the correct position of law being made precise. Ordinarily, an objection to the admissibility of evidence should be taken when it is tendered and not subsequently.
• The objections to the admissibility of documents in evidence may be classified into two classes:
  • (i) an objection that the document which is sought to be proved is itself inadmissible in evidence; and
  • (ii) where the objection does not dispute the admissibility of the document in evidence but is directed towards the mode of proof alleging the same to be irregular or insufficient.
• In the first case, merely because a document has been marked as “an exhibit”, an objection as to its admissibility is not excluded and is available to be raised even at a later stagee or even in appeal or revision.
• In the latter case, the objection should be taken when the evidence is tendered and once the document has been admitted in evidence and marked as an exhibit, the objection that it should not have been admitted in evidence or that the mode adopted for proving the document is irregular cannot be allowed to be raised at any stage subsequent to the marking of the document as an exhibit.

The Rationale: Upholding Fairness and Preventing Prejudice

A timely objection alerts the party tendering the document, giving them the opportunity to cure the procedural defect and adopt a regular method of proof. Allowing a party to stay silent during trial and object on appeal would unfairly prejudice the opponent.

R.V.E. Venkatachala Gounder v. Arulmigu Viswesaraswami & V.P. Temple, (2003) 8 SCC 752, continues (Para 20) as under:

• The latter proposition is a rule of fair play. The crucial test is whether an objection, if taken at the appropriate point of time, would have enabled the party tendering the evidence to cure the defect and resort to such mode of proof as would be regular. The omission to object becomes fatal because by his failure the party entitled to object allows the party tendering the evidence to act on an assumption that the opposite party is not serious about the mode of proof. On the other hand, a prompt objection does not prejudice the party tendering the evidence, for two reasons:
  • firstly, it enables the court to apply its mind and pronounce its decision on the question of admissibility then and there; and
  • secondly, in the event of finding of the court on the mode of proof sought to be adopted going against the party tendering the evidence, the opportunity of seeking indulgence of the court for permitting a regular mode or method of proof and thereby removing the objection raised by the opposite party, is available to the party leading the evidence.
• Such practice and procedure is fair to both the parties. Out of the two types of objections, referred to hereinabove, in the latter case, failure to raise a prompt and timely objection amounts to waiver of the necessity for insisting on formal proof of a document, the document itself which is sought to be proved being admissible in evidence. In the first case, acquiescence would be no bar to raising the objection in a superior court.”

In Dayamathi Bai v. K.M. Shaffi, (2004) 7 SCC 107, it is pointed out as under:

• “14. To the same effect is the judgment of the Privy Council in the case of Gopal Das V. Thakurji in which it has been held that when the objection to the mode of proof is not taken, the party cannot lie by until the case comes before a court of appeal and then complaint for the first time of the mode of proof. That when the objection to be taken is not that the document is in itself inadmissible but that the mode of proof was irregular, it is essential that the objection should be taken at the trial before the document is marked as an exhibit and admitted to the record.”

Judicial Precedents: Mere Marking Does Not Equal Proof

• Tharammel Peethambaran v. T. Ushakrishnan,  AIR 2026 SC 938.
• Narbada Devi Gupta v. Birendra Kumar Jaiswal, (2003) 8 SCC 745
• Ramji Dayawala v. Invest Import: AIR 1981 SC 2085

Judicial Precedents: Objections Must Be Raised at Trial, Not for the First Time in Appeal

The decisions commonly say: (i) the objection must be taken at trial and (ii) not first time in appeal. In Dayamathi Bai v. K.M. Shaffi, (2004) 7 SCC 107, it is pointed out as under:

• Similarly, in Sarkar on Evidence, 1st Edn., p.1084, it has been stated that where copies of the documents are admitted without objection in the trial Court, no objection to their admissibility can be taken afterwards in the court of appeal. When a party gives in evidence a certified copy, without proving the circumstances entitling him to give secondary evidence, objection must be taken at the time of admission and such objection will not be allowed at a later stage.”

• Sundar @ Sundarrajan Vs. State by Inspector of Police, (2024) 12 SCC 764 (Not first be in Appeal)
• Lachhmi Narain Singh v. Sarjug Singh, (2022) 13 SCC 746 (Must be before the trial court, and not be in appeal.)
• Rajender @ Rajesh Vs. State (NCT of Delhi), (2019) 10 SCC 623 (Must be in Trial Court and Not first be in Appeal)
• Sonu @ Amar v. State of Haryana, (2017) 8 SCC 570 (if not taken at the trial, cannot be permitted at the appellate stage)
• Dayamathi Bai v. K.M. Shaffi, (2004) 7 SCC 107 ((Mode of proof – objection should be taken at the trial before the document is marked ))
• Gopal Das Vs. Sri Thakurji, AIR 1943 PC 83 (Not first in Appeal: referred to in: Sonu @ Amar v. State of Haryana).
• Padman v. Hanwanta, AIR 1915 PC 111, (objection to the admissibility in appeal for the first time.Objection should have been taken in the trial court.)

Judicial Reflections on Waiving Objections Through Cross-Examination

The law on the point (whether a challenge in cross-examination, sufficient) can be deduced from the following decisions-

(i) In Thakor Rajuji Takhaji v. Owner of Tractor No.  RJ-21-3R-8180, Kawarilal, 2024  Guj HC 14451), it is held as under:

• “The cross examination of the respondent/s does not suggest that they had any objection to the documents produced.”

(ii) Khan v. Habib Khan @ Abdul Mujeeb Khan, 11 Mar 2020 (Del), where it is observed –

• “5. Learned counsel appearing for the respondents submits that the original documents were duly produced before the Trial Court at the time of the recording of the evidence of the respondent and the copies of the said documents, after comparison, were exhibited and marked as Exhibit PW1/6 to PW1/8 and no objection was taken by the petitioner with regard to the proof of the said documents and exhibit marking of the copies and there is even no cross-examination or suggestion during cross examination that the originals have not been produced.”

(iii) In Corporation of Calcutta v. Baldeo Shaw, 2011-3 Crimes (HC) 784; 2011-2 CalLJ 221;  2011-1 CriLR 890, it is held as under:

• “The cash memo, i.e., Exhibit-A was admitted into evidence and marked Exhibit. No objection was raised by the complainant in course of cross-examination in the matter of admission of such a document.”

(iv) In Kuntal Kundu v. National Insurance Company Limited, 2008-3 WBLR 717), it is held as under:

• “In the case before us, the appellant in his evidence-in-chief specifically tendered the said certificate and the same along with others was marked as Exhibit without objection. We have already pointed out that even no suggestion was given in cross-examination disputing either the contents or the genuineness of those documents.

(v) In Noorjahan, Altaf Ahmed v. Sadrunisa, Hajifatehulla Khan, 2005-3 BomLR 625; 2005-3 MhLJ 10,  it is pointed out as under:

• “It is further pertinent to note that there was no effective cross-examination in respect of this document. There was no objection taken to the document being received and marked in evidence either.”

(vi) In Alacs Finanz Ltd v. Oksh Technologies, AIR 2005  (Del) 376, it is held as under:

• “When the certified copy of the Resolution was tendered in evidence, no objection to its admission or mode of proof was raised. Not even in the cross-examination.”

(vii) In R.  Vijayabalan v. D. Jayakumari, 2001-1 MLJ 555, it is observed as under:

• “… when those documents were marked, there was no objection raised for marking the documents and even in the cross-examination there was no challenge made with reference to those documents marked before the court and since the said act would amount to waiver…”.

(viii) In Lionel Edwards Ltd. v. State of West Bengal, AIR 1967 Cal-191, it is held as under:

• “Documents are either proved by witnesses or marked on admission. When it is marked on admission without reservation, the contents are not only evidence but are taken as admitted, the result being the contents cannot be challenged either by way of cross-examination or otherwise. In respect of documents marked on admission dispensing with formal proof, the contents are evidence, although the party admitting does not thereby accept the truth of the contents and is free to challenge the contents by way of cross-examination or otherwise.” (Quoted in: Life Insurance Corporation of India v. Manjula Mohanlal Joshi, AIR 1975 Ori 116; ILR 1975 Cut 422).

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Civil Suits: Procedure & Principles

Book No, 1 –  Civil Procedure Code

• Death of a Party Before Judgment: When Does It Invalidate the Decree?
• No Binding Precedent -If the Court Failed to Consider Relevant Statutory Provision, in Earlier Decision
• ‘Rateable Distribution’: Law Designed to Ensure Fairness. Insights from Koshy Abraham v. Shaji, 2026:KER:20267.
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• What is Binding Judicial Precedent – In a  Nutshell
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• Order I rule 8, CPC (Representative Suit) When and How? Whether Order I rule 8 Decree  is Enforceable in  Execution?
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• 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
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• 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?
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• BURDEN of PROOF is Static; ‘ONUS’ alone Shifts, According to Indian 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
• When Declaration Needed for Injunction and Recover
• ‘Plaintiff to Win on His Own Title’ Vs. ‘Each Party Must Succeed on the Strength of Its Own Title’
• 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.
• No Rejection of suit — if Plaint discloses a ‘Cause of Action’– ’Chinmaya Mission Educational & Cultural Trust v. Sree Hari R. Menon, 2026 KER 56668 (CR): A Suit Cannot be Rejected if there is a ‘Cause of Action’, for the Plaint discloses One ESSENTIAL FACT that Gives Rise to a ‘Right to Sue’
• 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

COMMISIONS Under CPC

• Powers and Duties of Commissioners to Make Local Investigations, Under CPC
• Law on Survey Commission in Civil Suits
• 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?

PROPERTY LAW

Title, ownership and Possession

• ‘Plaintiff to Win on His Own Title’ Vs. ‘Each Party Must Succeed on the Strength of Its Own Title’
• Immovable Property–‘LIMITATION’ on Suits
• 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
• OWNER v. LANDLORD: ‘Recovery’ and ‘Eviction’ – Two Distinct Legal Concepts
• 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:

• Immovable Property–‘LIMITATION’ on Suits
• 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
• OWNER v. LANDLORD: ‘Recovery’ and ‘Eviction’ – Two Distinct Legal Concepts
• 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

• Immovable Property–‘LIMITATION’ on Suits
• 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
• Harrisons Malayalam Ltd. v. State of Kerala (2026-2 KLT 587) held to the Effect that the ‘Land Holder’ must be a LAWFUL ‘Registered Holder’
• 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

• Relevant Provisions of  Kerala Land Reforms Act
• Title of the Government Property in India: Government is the Ultimate Owner of Every Property; Hence, Government Need Not Prove  Title.
• Grant in Law
• Land Tenures, and History of Land Derivation, in  Kerala

•• Kerala Land Reforms Act – Provisions on Plantation-Tenancy and Land-Tenancy in a Nutshell •• Plantation Exemption in Kerala Land Reforms Act–in a Nutshell •• Exempted Plantation Land – In whom Ownership Vests •• Plantation-Exemption Does Not Confer Ownership over the Land •• Can the Ownership of (Exempted) Plantation (Above Ceiling Limit) be Changed? Can Plantation be Fragmented? •• Do the Plantation-Tenants have a Right to Seek ‘Assignment’ of the Entire Plantation-Tenancy-Land, beyond the Ceiling Limit (under Purchase Certificates)? •• Government is the OWNER of All Leasehold-Plantation-Lands in Kerala. •• Liability of Certain Plantation Tenants to Pay Rent To the Government: New Rules can be Made for its Effective Implementation •• Law on Acquisition of Private (Leasehold) Plantation Land in Kerala •• Glen Leven Estate v. State of Kerala: Not Correctly Decided? •• Plantation-Tenants Not Approached The Land Tribunal are Ineligible for Plantation-Exemption-Orders from the Land Board •• Balanoor Plantations & Industries Ltd. v. State of Kerala – Based on the Principle: LT to fix Tenancy; TLB to Fix Plantation-Exemption •• Acquisition of (Exempted) Plantation Property: Should the Govt. Pay Full Land Value to Land-Owners/Tenants? •• Civil Court to Adjudicate Title; Land Tribunal to Fix Tenancy; Taluk Land Board to Determine Plantation Exemption •• Relevant Provisions of Kerala Land Reforms Act – on Purchase Certificate,  Plantation Exemption & Ceiling Area – in a Nutshell

• 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
• 1910 Settlement Register of Travancore – Basic Record of Land  Matters

Power of attorney

• M.S. Ananthamurthy v. J. Manjula: Mere Word ‘Irrevocable’ Does Not Make a POWER OF ATTORNEY Irrevocable
• 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?
• 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
• A GRANT Must be Construed Most Strongly Against the Grantor
• 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
• Goverdhan v. The State of Rajasthan: Not Contrary to the Statutory Mandate under Section 293(1) CrPC; Apex Court Followed the Legal Logic Employed by the Earlier Decisions

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
• Mere Marking (a Document) is Not Proof Vs. Waiver, if No Objection
• R.V.E. Venkatachala Gounder: An Odd Decision on Established Rules on Admissibility of Documents?
• 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
  • Company, University, Society, etc. Act on ‘Resolutions’
  • 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
  • Election & Challenge in Societies and  Clubs
  • Court Interference in Election  Process
• State Actions
  • State-Interference in Affairs of Societies &  Clubs
• Disciplinary Proceedings Against Employees Co-Operative Societies

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