Jojy George Koduvath

The Answer is, YES.

Documents can be used in two ways in cross-examination. They are:

• 1. For marking it, to use it as a substantive evidence.
  • Note: It must be a document that is produced in the regular way, invoking provisions of Orders VII, VIII and XIII, CPC.
• 2. For the cross examination, invoking Sec. 145 of the Evidence Act.
  • Note: It can be done – even without producing the document in court. But, it must be a document written by the witness.

Relevant Provisions in the Civil Procedure Code for the Production of Documents

Order VII

• Rule 14. Production of document on which plaintiff sues or relies.— (1) Where a plaintiff sues upon a document or relies upon document in his possession or power in support of his claim, he shall enter such documents in a list, and shall produce it in Court when the plaint is presented by him and shall, at the same time deliver the document and a copy thereof, to be filed with the plaint.
• (2) Where any such document is not in the possession or power of the plaintiff, he shall, wherever possible, state in whose possession or power it is.
• (3) A document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint but is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.
• (4) Nothing in this rule shall apply to document produced for the cross-examination of the plaintiffs witnesses, or handed over to a witness merely to refresh his memory.

Order VIII

• Rule 1-A. Duty of defendant to produce documents upon which relief is claimed or relied upon by him.—(1) Where the defendant bases his defence upon a document or relies upon any document in his possession or power, in support of his defence or claim for set-off or counter-claim, he shall enter such document in a list, and shall produce it in Court when the written statement is presented by him and shall, at  the same time, deliver the document and a copy thereof, to be filed with the written statement.
• (2) Where any such document is not in the possession or power of the defendant, he shall, wherever possible, state in whose possession or power it is.
•  (3) A document which ought to be produced in Court by the defendant under this rule, but, is not so produced shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.
• (4) Nothing in this rule shall apply to documents —
  • (a) produced for the cross-examination of the plaintiff’s witnesses, or
  • (b) handed over to a witness merely to refresh his memory.

Order XIII

• Rule 1. Original documents to be produced at or before the settlement of issues.—(1) The parties or their pleader shall produce on or before the settlement of issues, all the documentary evidence in original where the copies thereof have been filed along with plaint or written statement.
• (2) The Court shall receive the documents so produced:
• Provided that they are accompanied by an accurate list thereof prepared in such form as the High Court directs.
• (3) Nothing in sub-rule (1) shall apply to documents—
  • (a) produced for the cross-examination of the witnesses of the other party; or
  • (b) handed over to a witness merely to refresh his memory.

Inherent power u/s. 151 CPC  to be invoked if failure to produce documents before the Settlement of Issues

Documents liable to be produced along with Plaint (Order VII Rule 14) or Written Statement (Order VIII Rule 1-A(4) can be produced subsequently with “the leave of the Court” as provided under these rules itself.

• No such provision in Order XIII.
• Therefore, inherent power u/s. 151 CPC has to be invoked.

Documents Produced for the Cross-Examination and used to Refresh his Memory

Relevant provisions of the Evidence Act are the following:

• Cross examination – Sec. 145, Evid. Act
• Refresh memory – Sec. 159, Evid. Act

Note: In both these cases, the statements in the document must be that of the witness.

If Witness Admits Document In Cross Examination, it can be Marked

Relevant provisions as to admission are Sec. 21 and 58 Evidence Act.

• Section 21: Admission is relevant and may be proved.
• Section 58: Facts admitted need not be proved.

A document properly produced invoking Order VII Rule 14 or Order VIII Rule 1-A(4) CPC or Order XIII Rule 1 CPC (or invoking inherent power u/s. 151 CPC) can be marked as an exhibit under Sec. 21 or 58 Evidence Act.

Following Decisions Say as to Valid Marking of Documents in Cross Examination

• Trimurti Charitable Public Trust v. Muni Kumar Razdan, 2024-1 RN 25 (MP)
• Bhag Singh Gambhir v. Rama Arora, on 8 July, 2022
• S.  Raj v. S.  Gopalakrishnan 2022 Supreme(Mad) 831
• Tamun Impex Company Private Limited v. Ozone Projects Private Limited, 2019-5 CTC 432; 2019 1 LW 29
• Prabhakara Alias Suresh v. State of Karnataka, 2018-5 KarLJ 661
• A.  Sennimalai Gounder v. E. S. Selambanan, 22 Aug 2017, 2017 Supreme (Mad) 1592;
• Narayan Singh v. Ram Chandra Mandal, 2016-3 BLJ 248
• Kannusamy Naicker v. Nataraja Naicker, 2012 Supreme(Mad) 3664
• Bommanayaka v. Bommanayaka, 2013-3 AIR(Kar)(R) 299; ILR 2012 (Kar) 3391; 2013-2 KarLJ 114
• Bharath Electronics Contract Labour Union v. Bharat Electronics Ltd, Bangalore, 2012-3 AIR(Kar)(R) 150; ILR 2012 (Kar) 1653; 2012-6 KarLJ 61.

In Prehlad Krishan v. Smt.  Mohini Devi, 1999-2 Raj CJ 282; 1999-1 RLR 518 (Raj), it was contended that no rent note was executed by the tenant in favour of the plaintiff though the plaintiff has got signature of defendant on a blank rent note. The High Court held that the argument, in its considered view, ‘is contrary to his own admission regarding execution of the rent note, which is a duly exhibited document on record of the trial Court during cross-examination of the tenant and, therefore, it is not open to the appellant to raise such a plea in second appeal before this Court’.

In Bhima Jewellery and Diamonds (P) Ltd.  v. O. Sandeep Kumar (Devan Ramachandran, J.), AIR 2021 Ker  8; 2020-3 ILR (Ker) 1028; 2020-5 KLT 40, it is held as under:

• “28. In such confines, the production of a document under Order VII Rule 14(4), Order VIII Rule 1A (4) and Order XIII Rule 1(3)(a) of the CPC, axiomatically, will have to be construed to happen when it is physically put to the witness during cross examination and when the Court then receives it on record. Hence no Court can refuse a document being put to a witness during cross examination merely for the reason that it had not been produced earlier or not produced as per the manner in which it ought to have been normally produced.
• 29.  Therefore so concluded, an adjunct question arises as to how the Trial Court should deal with a document produced at the cross examination of a witness. The answer to this is fairly easy when the witness admits the document – the Court then will mark it and admit it in evidence, subject to its relevance and probative value.”

In Chalil Kalliani v. Kizhakke Vattakandiyil Madhavan, 18 Jan 2008 (KT Sankaran, J.), 2008 Supreme (Ker) 43, it is held as under:

• “It is relevant to note that Ext. B1 dated 7.5.1900 relied on by the defendants is also a registration copy of the original document. It was marked in evidence during the cross examination of PW1.”

Also Read:

• How to Contradict a Witness under Sec. 145, Evidence Act
• 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

End Notes 1

1. Document Marked Collectively in Cross Exam. – Contents are to be Specifically Proved

The substantial question of law raised in Mahalaxmi Shikshan Samiti v. Manikrao Kishnarao Dessai, 2021-5 AllMR 50; 2022-1 MhLJ 262, is the following:

• “Whether the reliance by the First Appellate Court on the document marked at Exhibit 76 is erroneous when the contents of such document were not proved and such document was exhibited in the cross examination of PW 1 which is not permissible in law in the facts of the case?”

It is answered in the affirmative by holding, inter alia, that ‘the reliance by the Appellate Court on the documents marked as Exhibit 76-C collectively’ was erroneous, ‘since the contents of the documents are not proved’.

The Court pointed out –

• Chapter V of the Indian Evidence Act, 1872 relate to documentary evidence.
• Section 61, says that the contents of documents may be proved either by primary or by secondary evidence.
• In terms of Section 62, primary evidence means the document itself being produced for inspection of the Court.
• As per Section 63, secondary evidence means and includes, (1) Certified copies, (2) Copies made from the original by mechanical processes, and copies compared with such copies, and (3) Copies made from or compared with the original, (4) Counterparts of documents, and (5) Oral accounts of the contents of a document.
• Section 64 mandates that documents must be proved by primary evidence except in cases fall under Sec. 65.
• Section 65 stipulates the conditions in which the secondary evidence may be given. It requires that the ‘foundation’ is to be laid before production of secondary evidence.

The Bombay High Court further pointed out –

• Mere production of the document is no proof of its contents as the legal position is that mere production and marking of the document as exhibit by the Court cannot be held to be due proof of its contents.
• Its execution has to be proved by admissible evidence, by the evidence of those persons, who can vouch or state the truth of the facts in issue.
• A document can be proved primarily by examining the person, who has executed or created the document by writing and signing the same, but when such examination is not possible, execution of a document can be proved by examining a person, who saw the document being written and signed.
• In absence of direct evidence relating to writing and signature on the document, its execution may be proved by examining a person, who is (i) qualified and competent to express his opinion as to the handwriting and signature , (ii) by acquaintance of otherwise and (iii) by comparison of the handwriting as envisaged under Section 73 of the Evidence Act (S. Gopal Reddy V. State of A.P. 1996-4 SCC 596, referred to)

The High Court pointed out the following in Kaliya v. State of M.P. 2013-10 SCC 758, observing that it ‘highlighted the parameters regarding permissibility of secondary evidence’-

• “Section 65(c) of the Act 1872 provides that secondary evidence can be adduced relating to a document when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason, not arising from his own default, or neglect, produce it in reasonable time. The court is obliged to examine the probative value of documents produced in court or their contents and decide the question of admissibility of a document in secondary evidence. (Vide: H. Siddiqui (dead) by Lrs. v. A. Ramalingam, AIR 2011 SC 1492; and Rasiklal Manikchand Dhariwal and Anr. v. M.S.S. Food Products, (2012) 2 SCC 196).
• However, the secondary evidence of an ordinary document is admissible only and only when the party desirous of admitting it has proved before the court that it was not in his possession or control of it and further, that he has done what could be done to procure the production of it. Thus, the party has to account for the non-production in one of the ways indicated in the section. The party further has to lay down the factual foundation to establish the right to give secondary evidence where the original document cannot be produced. When the party gives in evidence a certified copy/secondary evidence without proving the circumstances entitling him to give secondary evidence, the opposite party must raise an objection at the time of admission. In case, an objection is not raised at that point of time, it is precluded from being raised at a belated stage. Further, mere admission of a document in evidence does not amount to its proof. Nor, mere marking of exhibit on a document does not dispense with its proof, which is otherwise required to be done in accordance with law. (Vide: The Roman Catholic Mission v. The State of Madras, AIR 1966 SC 1457; Marwari Khumhar and Ors. v. Bhagwanpuri Guru Ganeshpuri and Anr., AIR 2000 SC 2629; R.V.E. Venkatachala Gounder v. Arulmigu Viswesaraswami and V.P. Temple and Anr., AIR 2003 SC 4548; Smt. Dayamathi Bai v. K.M. Shaff, AIR 2004 SC 4082; and Life Insurance Corporation of India and Anr. v. Rampal Singh Bisen, (2010) 4 SCC 491).”

The High court relied on M.Chandra v. M. Thangamuthu, 2010-9 SCC 712 which held as under:

• “We do not agree with the reasoning of the High Court. It is true that a party who wishes to rely upon the contents of a document must adduce primary evidence of the contents, and only in the exceptional cases will secondary evidence be admissible. However, if secondary evidence is admissible, it may be adduced in any form in which it may be available, whether by production of a copy, duplicate copy of a copy, by oral evidence of the contents or in another form. The secondary evidence must be authenticated by foundational evidence that the alleged copy is in fact a true copy of the original. It should be emphasized that the exceptions to the rule requiring primary evidence are designed to provide relief in a case where a party is genuinely unable to produce the original through no fault of that party.”

The Bombay High Court, in Mahalaxmi Shikshan Samiti v. Manikrao Kishnarao Dessai, 2021-5 AllMR 50; 2022-1 MhLJ 262, appraised the legal position authoritatively laying down as under:

• “27. Mere admission of a document in evidence does not amount to its proof. Nor, mere marking of exhibit on a document does not dispense with its proof, which is otherwise required to be done in accordance with law. When a document is merely exhibited, while exhibiting the same, it does not finally decide the right of the party or form any opinion or express any opinion on the document. The document will have to be proved qua its contents in terms of Section 61 of the Indian Evidence Act as the said provision contemplate proof of contents of the documents, either by primary or secondary evidence.”

End Notes 2

Can Photocopies of documents be used in cross examination?

Yes.

Document Marked Without Objection: Courts in India consistently follow RVE Venkatachala Gounder

RVE Venkatachala Gounder v. Arulmigu (R.C. Lahoti & Ashok Bhan, JJ.), AIR 2003 SC 4548: (2003) 8 SCC 752,considered the effect of marking a secondary evidence (photocopy of rent-note) without any objection. It is the well-established decisive leading decision in the following propositions of law.

• Objection as to the irregularity of mode adopted for proving the document should be taken when the evidence is tendered;
• Once the document has been marked as an exhibit, the objection cannot be allowed to be raised at any subsequent stage.
• Failure to raise a prompt and timely objection amounts to waiver of that right.
• The objection enables the court to apply its mind and pronounce its decision on the question of admissibility.
• It is a rule of fair play for it would have enabled the party tendering the evidence to cure the defect by giving formal proof of a document.

Following earlier decisions were relied on in RVE Venkatachala Gounder v. Arulmigu (supra) :

• The Roman Catholic Mission v. The State of Madras, AIR 1966 SC 1457;
• Padman and Others v. Hanwanta, AIR 1915 PC 111;
• P.C. Purushothama Reddiar v. S.Perumal, 1972 (2) SCR 646.

RVE Venkatachala Gounder v. Arulmigu (supra) held as under:

• “17. The other document is the rent note executed by Defendant 2 in favour of the plaintiff. Here also the photocopy of the rent note was produced. Defendant 2 when in the witness box was confronted with this document and he admitted to have executed this document in favour of the plaintiff and also admitted the existence of his signature on the document. It is nobody’s case that the original rent note was not admissible in evidence. However, secondary evidence was allowed to be adduced without any objection and even in the absence of a foundation for admitting secondary evidence having been laid by the plaintiff.
• 18. …
• 19. ….
• 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 abovesaid 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 as to 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 stage 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 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 waiverof 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.
• 23. Since documents Exts. A-30 and A-34 were admitted in evidence without any objection, the High Court erred in holding that these documents were inadmissible being photocopies, the originals of which were not produced.”

RVE Venkatachala Gounder v. Arulmigu, AIR 2003 SC 4548: (2003) 8 SCC 752, is referred to and quoted with approval in the following decisions:

See: Anil Madan vs R.K.Madan & Ors. on 21 August, 2009 (Indian Kanoon). In this decision the plaintiff was confronted with a photocopy of an affidavit jointly executed by the plaintiff, defendant No.1 and defendant No.2 which had been exhibited.

Read Blogs:

• Can the Court Refuse to Mark a (Relevant and Admissible) Document, for (i) there is No Formal Proof or (ii) it is a photocopy?
• Marking of photocopy and Law on Marking Documents on Admission (Without Formal Proof)

Mere Marking Does Not Prove the Contents – Not applied

1. Narbada Devi Gupta v. Birendra Kumar Jaiswal, 2003-8 SCC 745

• This proposition (Mere Marking Does Not Prove the Contents) was neither attracted nor applied in Narbada Devi Gupta v. Birendra Kumar Jaiswal, 2003-8 SCC 745, for – the rent receipts were taken as proved, for, it was ‘not disputed’ by the other side.

2. Kaliya v. State of Madhya Pradesh, 2013-10 SCC 758

• In Kaliya v. State of Madhya Pradesh, 2013-10 SCC 758, also the proposition was neither attracted nor applied, for – the secondary evidence of dying declaration produced in this case (with foundational evidence) was accepted by the Court.

3. Ramji Dayawala v. Invest Import: AIR 1981 SC 2085

• In Ramji Dayawala v. Invest Import: AIR 1981 SC 2085, also the proposition was neither attracted nor applied  for the  truth of the facts in the document was “in issue”.

Mere Marking Does Not Prove the Contents – Applied

1. M. Chandra v. M. Thangamuthu, 2010-9 SCC 712

• But in M. Chandra v. M. Thangamuthu, 2010-9 SCC 712, the proposition (Mere Marking Does Not Prove the Contents) was applied for – the Validity and Genuineness of the photocopy (of the Caste Certificate) was very much in question.

2. H. Siddiqui v. A. Ramalingam, (2011) 4 SCC 240

• In H. Siddiqui v. A. Ramalingam, (2011) 4 SCC 240, also the proposition was applied , for – the photocopy was shown to the witness during cross-examination alone, and signature alone was admitted by the witness. 

3. Tarajee Khimchand v. Yelamarti Satyam, AIR 1971 SC 1865

• Similarly in Tarajee Khimchand v. Yelamarti Satyam, AIR 1971 SC 1865, also the proposition was applied , for – the accounts of the Plaintiff would not be proved by itself.

End Notes 3

Exhibiting of a document is an administrative act.

In Bama Kathari Patil v. Rohidas Arjun Madhavi, 2004-2 AllMR 290; 2004-3 BomCR 509; 2004-3 CivCC 14; 2004-2 MhLJ 572, it is observed as under:

• “3. By an application dated 20th October, 2003, the petitioner (original defendant No. 1) made a prayer for recalling the plaintiff for further cross-examination on the ground that the agreement dated 14th August, 1986 was exhibited after the cross-examination of the plaintiff was concluded. Learned Counsel for the petitioner submits that as the document was not exhibited at the time of cross-examination, the defendant No. 1 did not cross examine the plaintiff on that document. Since the document has been exhibited after the cross-examination of the plaintiff was over, he should be given an opportunity of cross-examining the plaintiff regarding the said document. Exhibiting of an document is an administrative act. It is true that a document which is produced in Court is ordinarily exhibited only after its proof. But, exhibiting a document does not mean that the document is proved and non-exhibiting a document does not mean that the document is not proved. A document is required to be proved in accordance with the provisions of the Evidence Act. Merely for administrative convenience of locating or identifying a document, it is given an Exhibit number in courts. Exhibiting a document has nothing to do with the proof though, as a matter of convenience, only the proved documents are exhibited.”

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Civil Suits: Procedure & Principles

Book No, 1 – Civil Procedure Code

• Order IX Rule 9 CPC: Earlier Suit for Injunction; Subsequent Suit for Recovery & Injunction – No Bar
• H. Anjanappa v. A. Prabhakar: An ‘Aggrieved’ Stranger or a ‘Prejudicially Affected’ Third-Party (also) Can File Appeal with the ‘Leave of the Court’.
• Replication, Rejoinder and Amendment of Pleadings
• Can a Suit be Withdrawn in Appeal, on the Ground that Appeal is Continuation of the Suit?
• Does Registration of a Document give Notice to the Whole World?
• Suit under Sec. 6, Specific Relief Act – Is it a ‘Summary Suit’ under Order XXXVII CPC?
• Is it Mandatory to Lift the Attachment on Dismissal of the Suit? Will the Attachment Orders Get Revived on Restoration of Suit?
• Will Interlocutory Orders and Applications Get Revived on Restoration of Suit?
• Can an ‘Ex-parte’ Defendant Cross Examine Plaintiff’s Witness?
• Proof on ‘Truth of Contents’ of Documents, in Indian Evidence Act
• Civil Rights and Jurisdiction of Civil Courts
• Res Judicata and Constructive Res Judicata
• 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?
• Withholding Evidence and Adverse Inference
• Pendente Lite Transferee Cannot Resist or Obstruct Execution of a Decree
• Family Settlement or Family Arrangement in Law
• ‘Possessory Title’ in Indian Law
• Will Findings of a Civil Court Outweigh Findings of a Criminal Court?
• Relevancy of Civil Case Judgments in Criminal Cases
• Waiver and Promissory Estoppel
• Can a Christian Adopt? Will an adopted child get share in the property of adoptive parents?
• Principles of Equity in Indian Law
• Thangam v.  Navamani Ammal: Did the Supreme Court lay down – Written Statements which deal with each allegation specifically, but not “para-wise”, are vitiated?
• No Criminal Case on a Dispute Essentially Civil in Nature.
• Doctrine of Substantial Representation in Suits
• Order I rule 8, CPC (Representative Suit) When and How? Whether Order I rule 8 Decree is Enforceable in Execution?
• Appointment of Guardian for Persons Suffering from Disability or Illness: Inadequacy of Law – Shame to Law Making Institutions
• Can Documents be Marked In Cross Examination, If Witness Admits Them?

Principles and Procedure

• BURDEN of PROOF: Initial Burden and Shifting the Onus in Indian and English Law
• H. Anjanappa v. A. Prabhakar: An ‘Aggrieved’ Stranger or a ‘Prejudicially Affected’ Third-Party (also) Can File Appeal with the ‘Leave of the Court’.
• Our Courts Apply Different ‘STANDADARDS of Proof’
• Ratio Decidendi (alone) Forms a Precedent, Not a Final Order
• 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.?
• 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
• 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.
• 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

• ‘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
• Revenue Settlement Registers of Travancore in 1910, Basic Record of Land matters
• Recovery of Possession: Recovery of Possession Based on Title and on Earlier Possession
• Declaration of Title & Recovery of Possession: Art. 65, not Art. 58, Limitation Act Governs
• Title and Ownership in Indian Law
• Does Registration of a Document give Notice to the Whole World?
• Admission by itself Cannot Confer Title
• POSSESSION is a Substantive Right in Indian Law
• 22nd Law Commission  Report on ‘Law on Adverse Possession’
• Adverse Possession Against Government
• Government of Kerala v. Joseph – Law on Adverse Possession Against Government
• Should the Government Prove Title in Recovery Suits
• How to Plead Adverse Possession? Adverse Possession: An Evolving Concept
• Adverse Possession: Burden to Plead Sabotaged
• Does ‘Abandonment’ Give rise to a Recognised Right in Indian Law?
• When ‘Possession Follows Title’; ‘Title Follows Possession’?
• Ultimate Ownership of All Property Vests in State; It is an Incident of Sovereignty.
• ‘Mutation’ by Revenue Authorities & Survey will not Confer ‘Title’
• Preemption is a Very Weak Right; For, Property Right is a Constitutional & Human Right
• Transfer of Property with Conditions & Contingent Interests
• Family Settlement or Family Arrangement in Law
• INJUNCTION is a ‘Possessory Remedy’ in Indian Law
• ‘Possessory Title’ in Indian Law
• Kesar Bai v. Genda Lal – Does Something Remain Untold?
• Grant in Law
• Termination of Tenancy (& Grant) by Forfeiture (for Claiming Title)
• Survey under Survey Act – Raises a Presumption on Boundary; though Not Confer Title
• SUIT on TITLE: Landlord can Recover Property on GENERAL TITLE (though Tenancy Not Proved) if Defendant Falsely Claimed Independent Title
• Even the Rightful Owner is NOT entitled to Eject a Trespasser, by Force

Adverse Possession

• What is Adverse Possession in Indian Law?
• Neelam Gupta v. Rajendra Kumar Gupta (October 14, 2024) – 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
• 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  

Land Laws/ Transfer of Property Act

• Travancore Royal Pattom Proclamations of 1040 (1865 AD) and 1061 (1886 AD), And 1922 Devaswom Proclamation
• Revenue Settlement Registers of Travancore in 1910, Basic Record of Land matters
• Tenancy at Sufferance in Indian Law
• Freehold Property in Law
• What is Patta or Pattayam?
• Does ‘Pandaravaka Pattom’ in Kerala Denote Full-Ownership?
• Transfer of Property with Conditions & Contingent Interests
• Previous Owner is Not a Necessary Party in a Recovery Suit
• Recovery of Possession Based on Title and on Earlier Possession
• Vested Remainder and Contingent Remainder
• Vested interest and Contingent Interest
• Ultimate Ownership of All Property Vests in State; It is an Incident of Sovereignty.
• Land Acquired Cannot be Returned – Even if it is Not Used for the Purpose Acquired
• ‘Mutation’ by Revenue Authorities & Survey will not Confer ‘Title’
• 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
• 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
• Survey under Survey Act – Raises a Presumption on Boundary; though Not Confer Title

Land Reform Laws

• 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.
• 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

Power of attorney

• M.S. Ananthamurthy v. J. Manjula: Mere Word ‘Irrevocable’ Does Not Make a POWER OF ATTORNEY Irrevocable
• No Adjudication If Power of Attorney is Sufficiently Stamped
• Notary Attested Power-of-Attorney Sufficient for Registration
• Notary-Attested Documents and Presumptions
• Permission when a Power of Attorney Holder Files Suit
• If Power of Attorney himself Executes the Document, S. 33 Registration Act will NOT be attracted
• Should a Power of Attorney for Sale must have been Registered –
• Is Registered Power of Attorney Necessary for Registration of a Deed? No.

Evidence Act – General

• Newspaper Reports are ‘Hearsay Secondary Evidence’
• Major Changes in the Evidence Act by Bhartiya Sakshya Adhiniyam, 2023
• Sec. 27 Recovery/Discovery in Evidence Act and Bhartiya Sakshya Adhiniyam, 2023
• Evidence in Court – General Principles
• Expert Evidence and Appreciation of Evidence
• How to Contradict a Witness under Sec. 145, Evidence Act
• Withholding Evidence and Adverse Inference
• Best Evidence Rule in Indian Law
• What is Collateral Purpose?
• Burden of Proof – Initial Burden and Shifting Onus
• Appreciation of Evidence by Court and ‘Preponderance of Probabilities’ & ‘Probative Value of Evidence
• Effect of Not Cross-Examining a Witness & Effect of Not Facing Complete Cross Examination by the Witness
• Suggestions & Admissions by Counsel, in Cross Examination to Witnesses
• Proof of Documents – Admission, Expert Evidence, Presumption etc.
• Public Documents: Proof and Presumption
• Admission by itself Cannot Confer Title
• How to Prove a Will, in Court?Is Presumption enough to Prove a Registered Will?
• Significance of Scientific Evidence in Judicial Process
• Polygraphy, Narco Analysis and Brain Mapping Tests
• What is Section 27 Evidence Act – Recovery or Discovery?
• How ‘Discovery’ under Section 27, Evidence Act, Proved?
• Pictorial Testimony Theory and Silent Witnesses Theory
• Sec. 35 Evidence Act: Presumption of Truth and Probative Value
• Proof on ‘Truth of Contents’ of Documents, in Indian Evidence Act

Sec. 65B

• Sec. 27 Recovery/Discovery in Evidence Act and Bhartiya Sakshya Adhiniyam, 2023
• Sec. 65B (Electronic Records) and Bhartiya Sakshya Adhiniyam, 2023
• Sec. 65B, Evidence Act: Arjun Paditrao Criticised.
• Sec. 65B Evidence Act Simplified
• ‘STATEMENTS’ alone can be proved by ‘CERTIFICATE’ u/s. 65B
• Sec. 65B,  Evidence Act: Certificate forms
• 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
• Admission of Documents in Evidence on ‘Admission’
• Admission by itself Cannot Confer Title
• 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?
• Production, Admissibility & Proof Of Documents
• Relevancy, Admissibility and Proof of Documents
• Admission of Documents in Evidence on ‘Admission’
• Effect of Marking Documents Without Objection – Do Contents Stand Proved?
• Time Limit for Registration of Documents
• Registration of Documents Executed out of India
• How to Prove a Will, in Court?Is Presumption enough to Prove a Registered Will?
• Are RTI Documents Admissible in Evidence as ‘Public Documents’?
• Oral Evidence on Contents of Document, Irrelevant
• Proof of Documents & Objections To Admissibility – How & When?
• Notary-Attested Documents and Presumptions
• What is Collateral Purpose?
• No Application Needed for Filing or Admitting Copy
• Presumptions on Documents and Truth of Contents
• Presumptions on Registered Documents & Truth of Contents
• Notice to Produce Documents in Civil Cases
• Production of Documents: Order 11, Rule 14 & Rule 12
• Modes of Proof of Documents
• Secondary Evidence of Documents & Objections to Admissibility – How & When?
• Should Objection to Marking Documents be Raised When it is Admitted; Is it Enough to Challenge them in Cross-Examination?
• 30 Years Old Documents and Presumption of Truth of Contents, under Sec. 90 Evidence Act
• Unstamped & Unregistered Documents and Collateral Purpose
• Adjudication as to Proper Stamp under Stamp Act
• Marking Documents Without Objection – Do Contents Proved
• Cancellation of Sale Deeds and Settlement Deeds & Powers of Sub-Registrar in cancelling Deeds
• Substantive Documents, and Documents used for Refreshing Memory and Contradicting 
• How to Contradict a Witness under Sec. 145, Evidence Act
• Visual and Audio Evidence (Including Photographs, Cassettes, Tape-recordings, Films, CCTV Footage, CDs, e-mails, Chips, Hard-discs, Pen-drives)
• 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

• Public Documents: Proof and Presumption
• Can the Court Refuse to Mark a (Relevant and Admissible) Document, for (i) there is No Formal Proof or (ii) it is a Photocopy?
• Marking of Photocopy and Law on Marking Documents on Admission (Without Formal Proof)
• Proof of Documents – Admission, Expert Evidence, Presumption etc.
• Proof on ‘Truth of Contents’ of Documents, in Indian Evidence Act
• Modes of Proof of Documents
• ‘Admission’ in Indian Law
• Marking Documents Without Objection – Do Contents Proved
• Proof on ‘Truth of Contents’ of Documents, in Indian Evidence Act
• Admitted Documents – Can the Court Refrain from Marking, for no Formal Proof?
• Admission of Documents in Evidence on ‘Admission’
• Effect of Marking Documents Without Objection – Do Contents Stand Proved?
• Proof of Documents & Objections To Admissibility – How & When?
• Should Objection to Marking Documents be Raised When it is Admitted; Is it Enough to Challenge them in Cross-Examination?
• Presumptions on Documents and Truth of Contents
• Presumptions on Registered Documents & Truth of Contents
• Secondary Evidence of Documents & Objections to Admissibility – How & When?
• 30 Years Old Documents and Presumption of Truth of Contents, under Sec. 90 Evidence Act

Interpretation

• Interpretation of Documents – Literal Rule, Mischief Rule and Golden Rule
• Golden Rule of Interpretation is Not the Application of Plain Meaning of the Words
• Interpretation of Wills
• Appreciation of Evidence by Court and ‘Preponderance of Probabilities’ & ‘Probative Value of Evidence

Contract Act

• 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
• Can an Unregistered Sale Agreement be Used for Specific Performance
• Cheating and Breach of Contract: Distinction – Fraudulent Intention at the time of Promise.

Law on Damages

• Law on Damages
• Who has to fix Damages in Tort and Contract?
• Law on Damages in Defamation Cases
• Pleadings in Defamation Suits
• Godrej Projects Development Limited v. Anil Karlekar, 2025 INSC 143 – Supreme Court Missed to State Something

Easement

• Easement Simplified
• What is Easement? Does Right of Easement Allow to ‘Enjoy’ Servient Land After Making Improvements Therein ?
• Prescriptive Rights – Inchoate until the Title thereof is Upheld by a Competent Court
• Will Easement of Necessity Ripen into a Prescriptive Easement?
• What is “period ending within two years next before the institution of the suit” in Easement by Prescription?
• Is the Basis of Every Easement, Theoretically, a Grant
• Extent of Easement (Width of Way) in Easement of Necessity, Quasi Easement and Implied Grant
• Easement of Necessity and Prescriptive Easement are Mutually Destructive; But, Easement of Necessity and Implied Grant Can be Claimed Alternatively
• Can Easement of Necessity and of Grant be Claimed in a Suit (Alternatively)?
• “Implied Grant” in Law of Easements
• Can an Easement-Way be Altered by the Owner of the Land?
• Village Pathways and Right to Bury are not Easements.
• Custom & Customary Easements in Indian Law
• ‘Additional Burden Loses Lateral Support’ – Incorrect Proposition
• Grant in Law
• Right of Private Way Beyond (Other Than) Easement
• Easement – Should Date of Beginning of 20 Years be pleaded?
• 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

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
• 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

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 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

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

• Witnesses to the Will Need Not See the Execution of the Will
• Interpretation of Wills
• Interpretation of Inconsistent Clauses in a Will
• Will – Probate and Letters of Administration
• Executors of Will – Duties & their Removal
• How to Prove a Will, in Court?Is Presumption enough to Prove a Registered Will?
• How to Write a Will? Requirements of a Valid Will
• When Execution of a Will is ‘Admitted’ by the Opposite Side, Should it be ‘Proved’?
• A Witness to Hindu-Will will not Lose Benefit

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

• 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
  • 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
• Amendment and Dissolution
  • Amendment of Bye laws of Societies and Clubs
  • Dissolution of Societies and Clubs
• Rights and Management
  • Rights & Liabilities of Members of Clubs and Societies
  • Individual Membership Rights in Societies & Clubs
  • Management – Powers of General Body and Governing Body
  • Expulsion of Members & Removal of Office-Bearers
  • Law on Meetings: An Overview
  • How to Prove Resolutions of a Company; Are Minutes Necessary?
• Election
  • Election & Challenge in Societies and Clubs
  • Court Interference in Election Process
• State Actions
  • State-Interference in Affairs of Societies & Clubs

Book No. 4: Common Law of TRUSTS in India

• General Principles
  • What is Trust in Law?
  • Classification of Trusts
  • Public & Private Trusts in India.
  • Trust is ‘An Obligation’; Not a Legal Entity
  • Indian Law Does Not Accept Salmond, as to Dual Ownership
  • 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
  • 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
  • Remedies Under Sec. 92 CPC
  • Does Cheque-Case under Sec. 138, NI Act Lie Against a Trust?
• 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
• 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