Lawwatch : Legal Resources for Aspiring Advocates

A void instrument need not be cancelled as such a document is non-existing (non est or null) in the eye of law but voidable written instrument can and need to be cancelled by filing a suit, says the Supreme Court (SC) in Prem Singh & Others v Birbal & Others [AIR 2006 SC 3608].

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.

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 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.