“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...

[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...