Civil law Archives - Lawwatch : Resources for Learners

Limitation in a Suit for Cancellation Starts from the Date of Knowledge, not the Date of Registration

By K Rajasekharan 11 January 2025Civil lawNo Comments

The limitation in a suit for cancellation of an alleged registered sale deed arises from the date of knowledge but not the date of registration of the sale deed, says the Supreme Court (SC) in Daliben Valjibhai & Others v Prajapati Kodarbhai Kachrabhai & Another [ 2024 INSC 1049].

Compensation for Land Acquisition under 2013 Act & N H Act 1956

By K Rajasekharan 11 January 2025Civil lawNo Comments

The High Court of Kerala discusses the method of determination of market value of a land slated for acquisition under Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act), and the award of additional market value for structures under Section 30(3) in State of Kerala v V. J. Mathew S/o Varkey Joseph [2024 3 KHC 413].

Registrar of Cooperative Socieities can Collect & Provide Information under RTI Act

By K Rajasekharan 6 January 2025Civil lawNo Comments

If the Registrar of Co-operative Societies has access to the information requested by an applicant under the Right To Information Act (RTI Act), and if the information is not exempt from disclosure under Section 8(1) of the Act, the official is obligated to provide that requested information to the applicant in The Muppathadam Service Co-Operative Bank Ltd. V The State Chief Information Commissioner [2024:KER:90020].

Cancellation of void or voidable Instruments

By K Rajasekharan 5 January 2025Civil law

When a person against whom a void or voidable written instrument exists and he has reasonable apprehension that such instrument is left outstanding it may cause him serious injury, he can sue to have it adjudged and cancelled, under Section 31 of the Specific Relief Act, 1963.

Injunctions in Civil Cases

By K Rajasekharan 5 January 2025Civil lawNo Comments

Injunction is a judicial order requiring the person to whom it is directed to, to do or refrain from doing a particular act or thing. It is a preventive relief given by a court preventing a party from doing something. Injunctions are of three kinds: temporary, perpetual, or mandatory.

Litigant can Change his Advocate During the Case

By K Rajasekharan 27 December 2024Civil law, Criminal law

A litigant has the right to change his advocate when he feels that the advocate engaged by him is not capable of espousing his cause efficiently or that his conduct is prejudicial to the interest involved in the case, or for any other reason, says the Supreme Court (SC) in R.D. Saxena v Balram Prasad Sharma on 22 August, 2000.

Importance of Framing of Issues in a Civil Suit

By K Rajasekharan 25 December 2024Civil law

To decide a case properly the framing of the issues should be appropriate. The framing of issues would help the parties to lead necessary evidence in support of the claims and the reliefs. It will give the other party to confront or construct the case to bring home his defence. Issues are the lamp post which enlightens the parties, the trial and the appellate court as to what the controversy is, what the evidence must be, and where the truth in the dispute lies.

Bank not to publish Loan Defaulter’s Photo & Details: Kerala High Court

By K Rajasekharan 24 December 2024Civil law

A bank publishing the photo and details of defaulting borrowers to coerce them to repay loan invades a person's right to live with dignity and reputation under Article 21 of the Constitution, says the Kerala High Court in, The Mangement Committee of Chempazhanthi Agricultural Improvement Co-operative Society and Another v The Assistant Registrar of Co-operative Societies [2024:KER:97047].

Trust is not a Legal Person & Cannot Sue or to be Sued

By K Rajasekharan 24 December 2024Civil law

Trust cannot sue or to be sued in a court of law, even though the trustees can maintain or defend any suit for the preservation and protection of the trust property, says the High Court of Kerala in Crl. M. C. No. 3799 of 2018 delivered on 6th day of February, 2019.

Injunction can be Granted even against the True Owner

By K Rajasekharan 9 December 2024Civil law

Injunction may be granted even against the true owner of the property, when the person seeking the relief is in lawful possession and enjoyment of the property and also legally entitled to be in possession. He can be disposed of the property only through due process of law, says the Supreme Court ( SC) in Padhiyar Prahladji Chenaji (Deceased) Through L.R.s vManiben Jagmalbhai (Deceased) Through L.R.s and Ors.

A Road connected to a Road Network becomes Public Road

By K Rajasekharan 8 December 2024Civil law

The moot question that came up before the Kerala High Court in Mariam Beevi v The Secretary, Athirampuzha Grama Panchayat was whether a road that was leading to the houses of the petitioner and six others was an exclusive private path, meant for the benefit of those seven persons; or a public road vested in the respondent Grama Panchayat, meant for the benefit of the general public.

Attachment & Sale of a Property in Execution of a Decree

By K Rajasekharan 27 November 2024Civil law, Property & Succession

One of the modes of execution of a decree of a civil court is either by attachment and sale, or by sale without attachment, of any property. The provisions relating to sale of property in an execution proceeding are Sections 65 to 73, and the Rules 64 to 94 of the Order 21, of the Civil Procedure Code, 1908 (CPC). The Chapter VIII of the Civil Rules of Practice Kerala state the procedural matters relating to execution. The provisions cover both movable and immovable properties.