Lawwatch : Resources for Learners

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].

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].

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].

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.

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.

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.