Order IX Rule 9 CPC: Earlier Suit for Injunction; Subsequent Suit for Recovery & Injunction – No Bar

Replication, Rejoinder, Subsequent Pleadings and Amendment of Pleadings

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 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 & Jurisdiction of Civil Courts under Sec. 9 CPC

Res Judicata and Constructive Res Judicata

Order II, Rule 2 CPC – Not to Vex Defendants Twice for the Same Cause of Action

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 (of Defendant) is Not a Necessary Party in a Recovery Suit

UNDUE INFLUENCE and PLEADINGS thereof in Indian Law

PLEADINGS IN ELECTION MATTERS

When Declaration Needed for Injunction and Recovery

Law on Summons to Defendants and Witnesses

Notice to Produce Documents in Civil Cases

Production of Documents in Court: Order XI, Rule 14 CPC is Not Independent from Rule 12

Sec. 91 CPC and Suits Against Wrongful Acts

Remedies Under Sec. 92 CPC

The Law and Principles of Mandatory Injunction

INJUNCTION is a ‘Possessory Remedy’ in Indian Law

Interrogatories: When Court Allows, When Rejects?

Is Decree in a Representative Suit (OI r8 CPC) Enforceable Against Persons Not Eo-Nomine Parties?

Pecuniary & Subject-Matter Jurisdiction of Civil Courts

Transfer of Property with Conditions & Contingent Interests

A Registered Society is Not a Legal Person; How to File a Suit by or against a Society?

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 of Proof

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 & 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

Relevancy of a Civil Case Judgment in Criminal Cases; Does Civil Court Judgment Bind Criminal Court?

What is Waiver in Contract Act and What is 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 with no “Para-Wise” Denial are Vitiated?

Cheating and Breach of Contract: Distinction lies in Fraudulent Intention ‘at the time of Promise’. No Criminal Case endures on a Dispute Essentially Civil in Nature.

Doctrine of Substantial Representation in Suits

‘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

Tenant at Sufferance in Indian Law

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’ & ‘Ownership’, and ‘Possessory Title’, in Indian Law

Admission Cannot Confer Title; Admission will not Lose Title, also.

POSSESSION is a Substantive Right Protected 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

How to Plead Adverse Possession? Adverse Possession: An Evolving Concept.

Adverse Possession: Burden to Plead Sabotaged in Nazir Mohamed v. J. Kamala

Does Abandonment or Acquiescence Give rise to a Vested Right, in Indian Law?

When ‘Possession Follows Title’; When ‘Title Follows Possession’?

Ultimate Ownership of All Property Vests in State. It is an Incident of Sovereignty; and the Government is the Paramount title Holder also.

Revenue Records (or ‘Mutation’) & Survey by Survey Authorities will not Confer Title

Preemption is a Very Weak Right; For, Property Right is a Constitutional & Human Right

Kesar Bai v. Genda Lal: Does Something Remain Untold?

Grant in Property Law

Termination of Tenancy (& Grant) by Forfeiture (for Claiming Title)

Ouster & Dispossession in Adverse Possession

Freehold Property in Law

What is Patta or Pattayam?

Does ‘Pandaravaka Pattom’ in Kerala Denote Full-Ownership on Tenants?

Vested Remainder and Contingent Remainder

Vested interest and Contingent Interest

Land Acquired Can be Got Returned – If Not Used for the Purpose of Acquisition, Under 2013 Acquisition Act

FERA, 1973 And Transfer of Immovable Property by a Foreigner

Marumakkathayam – A System of Law and Way of Life Prevailed in Kerala

Relevant Provisions of Kerala Land Reforms Act – on Purchase Certificate,  Plantation Exemption & Ceiling Area – in a Nutshell

Land Tenures, and History of Land Derivation, in Kerala

‘Janmam’ Right is FREEHOLD Interest and ‘Estate’ in Constitution

Government is the OWNER of (All Leasehold) Plantation Lands in Kerala.

Law on Acquisition of Private (Leasehold) Plantation Land in Kerala

Law on SUCCESSION CERTIFICATE and LEGAL HEIRSHIP CERTIFICATE

Plantation Exemption in Kerala Land Reforms Act–in a Nutshell

Kerala Land Reforms Act – Provisions on Plantation-Tenancy and Land-Tenancy

Sec. 7 Easements Act – Natural Advantages Arising from the Situation of Land & Natural Flow of Water

No Adjudication Needed If Power of Attorney is Sufficiently Stamped

Notary Attested Power-of-Attorney is Sufficient for Registration of a Deed

Notary-Attested Documents and Presumptions

Is Permission of Court Mandatory when a Power of Attorney Holder Files Suit

Is Registered Power of Attorney Necessary for Registration of a Deed?

Should Power of Attorney for Sale Must have been Registered under Sec. 17(1)(b) Regn. Act – Channegowda v. NS Vishwanath Analysed

Newspaper Reports are ‘Hearsay Secondary Evidence’

Major Changes in the Evidence Act by Bharatiya Sakshya Adhiniyam, 2023

Sec. 27 Recovery/Discovery in Evidence Act and Bhartiya Sakshya Adhiniyam, 2023

Admissibility, Substantive Evidence and Probative Value – General Principles

Expert Evidence and Appreciation of Evidence

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

Best Evidence Rule in Indian Law

What is Collateral Purpose?

Appreciation of Evidence by Court – ‘Preponderance of Probabilities’ & ‘Probative Value of Evidence’

Effect of Not Cross-Examining a Witness (on a point) & Effect of Not Facing Complete Cross-Examination by a Witness

Suggestions & Admissions by Counsel, in Cross Examination to Witnesses

Proof of Documents – Admission, Direct Evidence, Expert evidence, Presumption etc.

How to Prove a Will, in Court? When Presumptions can be relied on for Proof of a Will?

Significance of Scientific Evidence in Judicial Process

Polygraph, Narco Analysis and Brain Mapping Tests in Criminal Investigation

What is in Section 27 Evidence Act – Recovery or Discovery?

How ‘Discovery’ under Section 27, Evidence Act, Proved?

Pictorial Testimony Theory and Silent Witnesses Theory in Law of Evidence

Relevancy, Admissibility and Proof of Documents

Admission of Documents in Evidence, on ‘Admission’

Modes of Proof of Documents

PROOF OF DOCUMENTS & OBJECTIONS TO ADMISSIBILITY – How & When?

Law on PRODUCTION, ADMISSIBILITY & PROOF OF DOCUMENTS – in a Nutshell

EFFECT OF MARKING DOCUMENTS WITHOUT OBJECTION – Do Contents Stand Proved?

Substantive Documents, and Documents used for Corroboration, Refreshing Memory and Contradicting Witnesses

Oral Evidence on Contents of Document, Irrelevant?

Prem Raj v.  Poonamma Menon (SC), April 2, 2024 – An Odd Decision on ‘Civil Court Judgment Does Not Bind Criminal Court’

Time Limit for Registration of Documents

Registration of Documents Executed out of India

Are RTI Documents Admissible in Evidence as ‘Public Documents’?

No Application Needed for Filing or Admitting Copy of Document

Presumptions on Documents and Truth of Contents

Presumption 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

Unstamped & Unregistered Documents and Collateral Purpose

Adjudication as to Proper Stamp under Stamp Act

Cancellation of Sale Deeds, Settlement Deeds and Trust Deeds & Powers of Sub-Registrar in Registering Deeds

Admissibility of Visual and Audio Evidence (Including Photographs, Cassettes, Tape-recordings, Films, CCTV Footage, CDs, e-mails, Chips, Hard-discs, Pen-drives)

Can an Unregistered Sale Agreement be Used for Specific Performance

Impounding of Documents – When Produced; Cannot Wait Till it is Exhibited

Interpretation of Statutes – Literal Rule, Mischief Rule and Golden Rule

Interpretation of Documents – Literal Rule, Mischief Rule and Golden Rule

Interpretation of Wills

‘Sound-mind’ and ‘Unsound-Mind’ in Indian Contract Act and other Civil Laws

Forfeiture of Earnest Money and Reasonable Compensation

Who has to fix Damages in Tort and Contract?

Law on Damages

Law on Damages in Defamation Cases

What is Easement, in law? Right of Easement Simplified

Read in this Cluster (Click on the topic)

Prescriptive Rights in Easements and Adverse Possession – Inchoate until Upheld by a Competent Court

Will Easement of Necessity Ripen or Convert into a Prescriptive Easement?

What is ‘Interruption’ and “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

Does Easement of Necessity and Prescriptive Easement Stand Mutually Destructive? Can Easement of Necessity and Implied Grant be Claimed Alternatively?

Can Easement of Necessity and of Implied 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

Right of Private Way Beyond (Other Than) Easement

Justiniano Antao v. Bernadette B. Pereira: Easement – Should Date of Beginning of 20 Years be pleaded?

One Year Interruption or Obstruction will not affect Prescriptive Easement

Time-Limit For Adjudication of Unstamped Documents, before Collector

LAW ON INSUFFICIENTLY STAMPED DOCUMENTS 

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

Does a Cheque-Case under NI Act Lie Against a Trust? Prana Educational and Charitable Trust v. State of Kerala, ILR 2023-4 Ker 252 – Whether Correctly Decided?

Sec. 138 NI Act (Cheque) Cases: Presumption of Consideration u/s. 118 – Even if ‘Signed-Blank-Cheque’, No Burden on Complainant to Prove Consideration; But, 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

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’ under Sec. 65B Evidence Act.

Sec. 65B,  Evidence Act Certificate: Forms

Certificate is Required Only for ‘Computer Output’; Not for ‘Electronic Records’: Arjun Panditrao Explored.

How to Prove E-Mails, WhatsApp Chats, Facebook Posts and Website Information in Courts?

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 in Arbitration Process

What are Arbitrable Disputes?What are Non-Arbitrable Disputes? When does a Dispute, in spite of Arbitration Clause, Not Referred to Arbitration?

Termination or Nullity of Contract Will Not Cease Efficacy of the Arbitration Clause

No Valid Arbitration Agreement ‘Exists’ – Can Arbitration Clause be Invoked?

Witnesses to the Will Need Not See the Execution of the Will

Interpretation of Inconsistent Clauses in a Will

Will – Probate and Letters of Administration

How to Write a Will? Requirements of a Valid Will

Should Execution of a Will be ‘Proved’, Even When it is ‘Admitted’ by the Opposite Side?

A Witness to Hindu-Will will not Lose Benefit

Secularism and Art. 25 & 26 of the Indian Constitution

Secularism & Freedom of Religion in Indian Panorama

‘Is Ban on Muslim Women to Enter Mosques, Unconstitutional’ Stands Tagged-on with Sabarimala Review-Reference Matter

Why No Reservation to Muslim and Christian SCs/STs (Dalits)? What are the Counter Arguments?

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

M. Siddiq Vs. Mahant Suresh Das –Pragmatic Verdict on Ayodhya Dispute

Clubs and Societies: General Features

Clubs and Societies, Bye Laws Fundamental

Effect of Registration of Societies and Incorporation of Clubs

Societies and Branches

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 of Societies

Suits and Criminal Complaints By and Against a Company

How to Sue Societies, Clubs and Companies

Court’s Jurisdiction to Interfere in the Internal Affairs of a Club or Society

Amendment of Bye laws of Societies and Clubs

Dissolution of Societies and Clubs

Rights & Liabilities of Members of Clubs and Societies

Individual Membership Rights in Societies & Clubs, and their Enforcement

Management of Societies and Clubs, And Powers of General Body and Governing Body

Expulsion of Members & Removal of Office-Bearers

Law on Meetings: An Overview

Election & Challenge in Societies and Clubs

Court Interference in Election Process of Societies and Clubs

State-Interference in Affairs of Societies & Clubs

What is Trust in Law?

Classification of Trusts

Public & Private Trusts in India

Trust is ‘An Obligation’; Not a Legal Entity

Indian Law of Trusts Does Not Accept Salmond, as to Dual Ownership

Dedication of Property in Public Trusts

Vesting of Property in Trusts

Trustees and Administration of Public Trusts

Alienation of Public Trust Property

Can a Trust be Dissolved? Extinction, Discharge, Revocation, Variation etc. of Public Trusts

Charitable and Religious Trusts Act, 1920: Provisions as regards opinion, advice or direction of the Court.

Breach of Trust and Removal of Trustees

Suits By or Against Trusts and Trustees

Philosophy of Idol Worship

Is an Idol a Perpetual Minor?

Hindu Temples & Law of Trusts

Law of Mutts, Dharmasalas and Other Hindu Endowments

Shebaits & Mahants and Law of Trustees

Legal Personality of Temples, Gurudwaras, Churches and Mosques

State & Court – Protectors of All Charities

Public Trusts and (State) Endowments/Trusts Acts

Public Trusts and Indian Trusts Act – An Overview

Business by Charitable Trusts & Institutions