“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-I]

I N T R O D U C T I O N Any discussion on Section 27 of the Indian Evidence Act, 1872 will be incomplete without reference to Sections 25 and 26 of the Evidence Act. Section 25 prohibits proof of “confession” made directly to a “police officer” by an accused person. Section 26 interdicts proof of a “confession” made by an accused person while he is in the custody of...

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XVI]

COURT HAVING JURISDICTION TO GRANT SUCCESSION CERTIFICATEQ. 77 Which is the Court having jurisdiction to grant a Succession Certificate? Ans. The Court having jurisdiction to grant a Succession Certificate is the District Judge within whose territorial limits the deceased ordinarily resided at the time of his death. (Vide Section 371 of the Indian Succession Act). If at that time...

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XV]

ALTERATION OR REVOCATION OF PROBATE OR LETTERS OF ADMINISTRATIONQ.71 Can errors in a Probate or Letters of Administration be rectified ? Ans. Yes. Chapter 3 of PART IX of the Indian Succession Act deals with the alterations and revocations of a Probate or Letters of Administration. As per Section 261, errors in the names, descriptions or in setting forth the time...

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XIV]

Q.66 Is not the applicant exempted from executing a bond in a case where the proceedings are non-contentious ?Ans. No. Exemption from executing the bond on the ground that the proceedings were non-contentious, is not contemplated by Rule 18 of the Succession Rules, 1968 (Kerala). (Vide In Re Mariamma Thomas (2006) 2 KLT 11 = 2006 KHC 529 – K.M. Joseph - J).Q.67 What is the...

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XIII]

Q.61 Who can apply for the Letters of Administration ? Ans. In case the deceased died intestate and was a Hindu, Mohammedan, Buddhist, Sikh, Jaina or exempted person, Letters of Administration can be issued to a person entitled to the whole or any part of the estate of the deceased in view of Section 218 of the Act. In the case of an Indian Christian (who is not a Hindu,...

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XII]

Q.56 What is the scope of the prohibition under Section 213 of the Indian Succession Act, 1925 ? Ans. The prohibition under S.213 of the Act is regarding establishing any right under the Will without getting probate or letters of administration and that section cannot be understood as one by which the vesting of right as per the provisions of the Will...

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-VII]

Q.31 Can anticipatory bail be granted in respect of economic offences involving violation of FERA to the tune of millions of US Dollars ? Ans. Yes. In Gurbaksh Singh Sibbia (Supra - AIR 1980 SC 1125), which arose out of the verdict of a Full Bench of the Punjab and Haryana High Court in Gurbaksh Singh Sibbia (Supra - AIR 1980 SC 1125), did not approve Proposition No. 7 laid...

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-VI]

Q.26 Whether a person who apprehends arrest not by a police officer, can seek anticipatory bail under Section 438 Cr.P.C? Ans. Yes. (Vide –H.S Manjunath v. State of Karnataka 1995 Cri.LJ 179 (Karnataka- apprehended arrest by a Forest Officer) – S. A. Hakeem, J. Eswara Prasad - JJ; E. Joseph v. The Asst. Collector of Customs, Tuticorin 1982 Cri.L.J. 559 (Madras -...

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XI]

Q.51 What are the modes of revocation of an unprivileged Will or codicil ? Ans. Section 70 of the Indian Succession Act deals with the revocation of unprivileged Will or codicil. The said Section reads as follows:- “70: Revocation of unprivileged Will or codicil ...

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-V]

Q.21 Can anticipatory bail be granted to an accused when on similar allegations two other co-accused in the case had been granted similar relief ? Ans. Yes. (Vide para 2 of Kamaljit Singh v. State of Punjab 2003 supp(4) SCR 785 – Doraiswamy Raju, Arijit Pasayat - JJ; Deepak Singchi v. State of Rajashtan – (2007) 14 SCC 583 - Arijit Pasayat, D. K. Jain - JJ). In State v....

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-IV]

Q.16 Is the fact that the accused is holding high position and wielding considerable influence which may place the investigating agency in a disadvantageous position in eliciting more useful information, a relevant fact to refuse anticipatory bail ? Ans. Yes. (Vide State of A.P. v. Bimal Krishna Kundu – (1997) 8 SCC 104 = AIR 1997 SC 3589 – M. K. Mukherjee, K. T. Thomas...

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-X]

Q.46 Where a Will contains two inconsistent clauses, which clause will ordinarily prevail over the other ? Is it the earlier clause or the latter clause which will prevail ? Ans. If both the inconsistent clauses cannot stand together, then the last inconsistent clause will prevail over the earlier clause. This is the rule contained in Section 88 of the Indian Succession...