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

Q. 16 The Senior Head of a religious endowment (Mutt) by a written deed nominates a Junior Head as his successor. Is it not open to the Senior Head to put an end to his nomination by another act or deed ? Ans. No. With the above nomination the Junior Head attained a “status” in presenti and the Senior Head cannot deal with his nomination as if it is a Will. (Vide...

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

Q.26 Whether it is for the Magistrate or for the Special Court to extend the time for filing the charge-sheet for the period from 90 days to 180 days under Section 43 D (2) (b) of the Unlawful Activities (Prevention) Act, 1967 (“UAPA” for short) ? Ans. The Magistrate does not have the power to extend the time for filing the charge-sheet with regard to a scheduled offence under...

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

Q.26 What is the relevance of a retracted confession ? Ans. Merely because the confession was retracted later, it does not mean that the confession was not voluntary in nature. The issue as to whether the accused was willing to give confession voluntarily or not is to be determined from his mental state at the time when he gave the confession. (vide paras 13 and 18 of...

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

Q.10.2 What is the position if in spite of a gift of the “corpus” the donor retains dominion over the “corpus” ? Ans. Where the donor retains possession of the “corpus” in his own right despite the gift and reserves to himself the right to enjoy the same, such a gift would be invalid. (See – K. S. Mahomed Aslam Khan v. Khalilul Rehman Khan and Others,...

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

Q.21 Is it not permissible for the Magistrate to follow the procedure for recording of evidence by administering oath to the accused while recording the confession ? Ans. No. While the procedure for recording of evidence or administration of oath to the accused, can be resorted to while recording a “statement’ under Section 164 (5) Cr.P.C., such a procedure should not be...

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

Q.16 If the accused expresses his unwillingness to confess, is there any duty on the part of the Magistrate to liberate the accused from Police custody ? Ans. Yes. That is precisely what Section 164 (3) Cr.P.C. enjoins. Q.17 Should the proceedings of the Magistrate recording the confession be in open Court and during Court hours ? Ans. Yes. The Magistrate should...

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

Q.6 Who is a “minor” in the context of a Muslim gift ? Ans. Under the pristine Mahomedan Law a Muslim who had attained the age of 15 years was competent to make a valid disposition of his property. (Vide Volume 1 – Pages 42 and 43 of the 4th Edition (1912) of Mohammedan Law by Ameer Ali). But this rule of Mahomedan Law has been superseded by the provisions of the...

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

Q.11 Is it open to a Muhammadan to contend that Part VI of the Indian Succession Act does not apply to testamentary succession to the property of Muhammadans ? Ans. Yes. Section 58 (1) in Chapter I of Part VI of the Indian Succession Act, 1925 declares that the provisions of Part VI of the said Act shall not apply to testamentary succession to the property of Muhammadans. This...

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...