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

Q.10 During the pendency of an application for anticipatory bail, can the accused be arrested by the police officer in the absence of any interim order or direction by the Court? Ans. Yes. In order to make the position beyond any ambiguity, a proviso is sought to be inserted in Section 438 (1) Cr.P.C as follows:- “Provided that, where the High Court or, as the case may...

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

Q.41 What are the usual occasions for proving a Will and what is the burden which is on the propounder’s shoulder ? Ans. The question of proving a Will can arise in an ordinary civil litigation or before a testamentary Court. When the Will is propounded by any of the parties to a litigation, the burden to prove the same is always on the propounder. This...

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

Q. 6 What are the factors to be taken into account while dealing with an application for anticipatory bail ? Ans.(i) The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made;(ii) The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a...

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

Q.36 If the sole attesting witness examined in the case appears to be dishonestly denying attestation of the Will, what are the courses open to the propounder of the Will ? Ans. 1. He can, after obtaining the permission of the Court under Section 154 of the Evidence Act, put questions to his own witness, namely the attesting witness, which might be put by the adverse party...

Hiba: Gift Under Muslim Law- Questions & Answers By Justice V Ramkumar [Part-VI]

Q.20 What is the position regarding a “gift with a condition” ? Ans. If the condition superadded to the grant which has been made absolute, derogates from the absoluteness of the grant, the condition will be invalid and not the grant. (this aspect has already been dealt with under Q. No: 10.3) Q.21 Can there be gift of a “life-estate” under Muslim Law ? Ans. ...

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

Q.1 What are the judicially settled principles to be borne in mind in the matter of anticipatory bail ? Ans. In Sushila Agarwal v. State (NCT of Delhi) (2020) 5 SCC 1 – 5 Judges – Arun Mishra, Indira Banerjee, Vineeth Saran, M. R. Shah, S. Raveendra Bhat – JJ, a Constitution Bench of the Supreme Court of India laid down the following principles:-(a) The term...

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

Q.31 What are the requirements to be satisfied for proving due execution of a Will ? Ans. On the question of proof of due execution of a will, the Apex Court in Jaswant Kaur v. Amrit Kaur 1977 (1) SCC 369 = AIR 1977 SC 74 made the following observations in para 10:- “10. There is a long line of decisions bearing on the nature and standard of evidence required to...

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

Q.26 What are the points to be borne in mind before proceeding to make an unprivileged Will ? Ans. Before proceeding to make a Will, the following points have to be borne in mind:-a) Every person whether male or female and who is of age of majority and capable of making a Will as per Section 59 of the Indian Succession Act, 1925, can make a Will.b) A Will...

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-IX]

Q.41 Is the examination of the Magistrate who recorded the statement under Section 164 (5) necessary ? Ans. Not always. If there are contradictions or omissions elicited from the person when examined as a witness, then examination of the Magistrate also may be necessary for proving the contradiction and corroboration. The view taken in State of Kerala v. Thomas 2005 KHC 1823...

Hiba: Gift Under Muslim Law- Questions & Answers By Justice V Ramkumar [Part-V]

Q.15 Can there be a gift of “mushaa” where the property is indivisible ? Ans. Yes. A valid gift may be made only of an undivided share which is not capable of partition. E.g. gift of an undivided share in a staircase is valid; a gift of an undivided share of the banks of a tank is valid if the banks are regarded as indivisible. (Vide Ala Baksa v. Mahabat Ali AIR...

[BAIL] Questions & Answers By Justice V. Ramkumar- Post Sentence Bail [Part-II]

Q.5 Is there any distinction between the words “being on bail” occurring in clause (i) of Section 389 (3) Cr.P.C and the words “he is on bail” occurring in clause (ii) of Section 389 (3) Cr.P.C? Ans. Yes. Clause (i) obviously applies only in the case of trial for a non-bailable offence in which case the accused may be or may not be on bail when the sentence is...

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-VIII]

Q.36 Can a statement recorded as a “dying declaration” be treated as a “statement” under Section 164 (5) Cr.P.C. in case the declarant survives ? Ans. Yes. Where a statement is recorded by the Magistrate as a dying declaration and the maker thereof survives, the statement so recorded can be treated as a statement recorded under Section 164 Cr.P.C. and can be used...