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Applicability of Res Judicata on IA Orders (at Different Stages of the Same Suit)
Jojy George Koduvath IA Orders can be Challenged in Appeal from Decree under S. 105 CPC The proposition – principles of res judicata apply to IA Orders (at different stages of the same suit) – is subject to Section 105 CPC. Section 105 CPC provides that when an appeal is filed against the decree in…
M.V. Ramachandrasa v. Mahendra Watch Company, 2026 INSC 348: Decision on Subletting Without Consent of Landlord
Jojy George Koduvath In M.V. Ramachandrasa v. Mahendra Watch Company, 2026 INSC 348, the Supreme Court of India (Ahsanuddin Amanullah, R. Mahadevan, JJ.), considered two questions of substantial importance. ‘No’ was the answer given by the Apex Court in the first question. The findings, on eviction on the ground ‘sub-letting’, in a nutshell, is that…
Illegal, Mistaken or Fraudulent Registration of Deed, and Subsequent Mutation: No Adverse Possession
Adverse Possession is the Denial of Title of the True Owner. Mistaken or Fraudulent Possession will Not be ‘Adverse’. Jojy George Koduvath Abstract Illegal, mistaken or fraudulent registration of a deed, and subsequent mutation will not perfect adverse possession. Because, Part I Adverse Possession: When Attracted 1. To attract title by adverse possession, the acts of…
Admissibility of Electronic Evidence: Section 61 of the BSA Permits Oral Evidence (Overriding Arjun Panditrao)
Proof by way of S. 63(4) Certificate is Optional. Saji Koduvath, Advocate, Kottayam. Introduction Section 61 of the Bharatiya Sakshya Adhiniyam, 2023, is a new provision. It was not in the Indian Evidence Act, 1872. Section 61, Adhiniyam says – the “admissibility” of evidence shall not be ‘denied’ merely on the ground that it is…
Law on Electronic Evidence in India: A Comparative Analysis with Other Jurisdictions
Saji Koduvath, Advocate, Kottayam. Indian Law in a Nutshell Section 61 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) reads as under: In Shafhi Mohammad v. State of Himachal Pradesh, AIR 2018 SC 714; 2018-2 SCC 801, our Supreme Court observed as under: S. 63 of the BSA Speaks about Admissibility of Electronic Records Sub-sections (1)…
Can the Court Issue a Second Commission without Setting Aside the First Commission Report?
Answer: Yes. Saji Koduvath, Advocate, Kottayam. Part I Apparent Legal Position 1. There is no bar to issuing a second commission if the court finds – 2. For issuing a second commission, the first commission report need not be set aside. Because, Divergent Views Settled in Laly Joseph v. K.U. Francis Laly Joseph @ Laly…
Res Judicata and Appeal: No Res Judicata on Adverse Findings, in a Favourable Decree
Saji Koduvath, Advocate, Kottayam Abstract There will be no res judicata on adverse findings if the suit or appeal is ultimately decided in favour of a party. Because an appeal lies against a decree in terms of Section 96 of the Code (State of Andhra Pradesh v. B. Ranga Reddy, 2020-15 SCC 681), and not…
Sabarimala Review: Supreme Court to Decide the Contours of Constitutional Morality
Saji Koduvath, Advocate, Kottayam Preface Constitutional morality is triggered when human dignity is impaired. It is a constitutional tool employed by constitutional courts to override prevailing social morality whenever such intervention is found necessary. The Sabarimala Temple review reference, along with other connected matters, is scheduled to be heard by a Nine-Judge Bench of the…
Anurag Krishna Sinha v. State of Bihar [Neutral Citation: 2026 INSC 219]: The SC Struck Down Legislation Relating to a Trust as Violative of Article 14 and 300A
Saji Koduvath, Advocate, Kottayam. Abstract The State of Bihar passed an enactment to take over the Trust – Srimati Radhika Sinha Institute and Sachchidanand Sinha Library. The Act was named: ‘Srimati Radhika Sinha Institute and Sachchidanand Sinha Library (Requisition & Management) Act, 2015’. The professed object of the legislation is: “better management and development” of…
Harrisons Malayalam Ltd. v. State of Kerala (2026:KER:19290): Transfer of Registry can be Claimed only on Proper Application, with Supporting Documents
Saji Koduvath, Advocate, Kottayam, Abstract The following observations are made in Harrisons Malayalam Ltd. v. State of Kerala and others: 2026: KER: 19290 (Anil K. Narendran & S. Muralee Krishna, JJ.) with respect to ‘Transfer of Registry’: Introduction The High Court of Kerala, in Harrisons Malayalam Ltd. v. State of Kerala and others (Anil K.…
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