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

While in the case of Hindus, Christians, Parsis etc., we in India have statute law laying down and regulating their marriage, divorce, testamentary and intestate succession etc., in the case of Mahomedans (Muslims), by and large, we do not have any statute law governing the above aspects. Even though gift is a transfer of movable or immovable property with immediate effect and...

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

Q.6 What is meant by saying that “a person died intestate” ? Ans. It means that the person died without having executed a Will. His properties will, therefore, be subject to the personal law of succession and inheritance. Q.7 What is meant by “succession” ? Ans. Succession means the transmission of the rights and obligations of a deceased person to his heirs under the...

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-V

Q.21 Final report not filed within 90 days. Bail application was filed on the 91st day. Thereafter on the 91st day itself the final report was filed. The Court dismissed the bail application. The accused approached the higher forum seeking default bail. Is the accused entitled to default bail ? Ans. Yes. The indefeasible right of the accused to be released on default bail does...

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

Q.11 Should the Magistrate allow any time for reflection to the accused before recording his confession under Section 164 Cr.P.C. ? Ans. Yes. Before an accused is asked to make his confession the Magistrates ordinarily allow a period for reflection and remand him to jail custody so as to put him out of the reach of the investigating officer. (Vide Aher Raja Khima v. State of...

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

A. SOME GENERAL PRINCIPLES REGARDING “WILLS” Q.1 What is the meaning of “Will”, as generally understood ? Ans. A “will” is usually referred to in combination with a “testament” or a “testamentum” to be known as a “Will and Testament”. It is an instrument made in contemplation of death. A “will” is a testamentary disposition of...

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

Q.6 Can an accused on his own accord make a confession without being sponsored by the Police ?Ans. Yes. An accused himself can appear before a Judicial Magistrate for recording his confession. Such accused person is free to make a voluntary confession before the Magistrate and he need not be sponsored by the Police unlike in the case of a witness or victim. This is a Judge-made law. The...

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-IV

Q.16 Is the above decision in Union of India v. Thamisharasi reported in (1995) 4 SCC 190 applicable to offences under the Kerala Abkari Act?Ans. Yes. Section 37 of the NDPS Act is pari materia with Section 41(A) of the Kerala Abkari Act. (See Muraleedharan v. State of Kerala – (2001) 4 SCC 638 = AIR 2001 SC 1699 – K. T. Thomas, R. P. Sethi – JJ.)Q.17 Is an under-trial prisoner who...

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-III

Q.11 The default period applicable for the offence is 60 days. The accused is arrested on 02-09-2012. He is remanded to judicial custody on 03-09-2012. The Charge sheet is filed on 02-11-2012. If Rule 22 of the Kerala Criminal Rules of Practice were to be applied then the charge sheet will be deemed to have been files on the 61st day. How is the period to be computed ? Is the charge sheet...

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-II

Q.6 Is a Magistrate or a Special Judge obliged to release an accused on default bail (compulsive bail) under the proviso to Sec. 167 (2) Cr.P.C. in a case involving a cognizable offence under the Customs Act, 1962 where the arrest and production before Court were made by a Customs Officer who is not a police officer ?Ans. Yes. Although, applying the tests laid down by the Supreme Court,...

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

Q.1 What is a confession ?Ans. A confession is an admission of the offence by the accused. An admission is a statement, oral or documentary which enables the Court to draw an inference as to any fact in issue or relevant fact. There is a clear distinction between “admission” and “confession”. The term “admission” is of wider connotation and can be used to include a confession....

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I

Q.1 Has the accused an indefeasible right to “compulsive bail” i.e. “default bail” under the proviso to Section 167 (2) Cr.P.C. on the expiry of the period of 90 days or 60 days whichever is applicable?Ans. Yes. At that stage, even without examination of the case on merits, the accused is entitled to and the Court is bound to grant default bail to the accused. See –Hitendra...

[BAIL] Questions & Answers By Justice V. Ramkumar-Cancellation Of Bail-PART-III

Q.11 In a case where the court is convinced from the Attendance Register maintained by the SHO that the accused has violated the bail condition regarding reporting before the Police, is it necessary to give notice and an opportunity of being heard to the accused before his bail is cancelled?Ans. Yes. The accused cannot be condemned unheard. He may have valid explanation to be offered for...