Lawwatch : Legal Resources for Advocates

With the omission of Section 213 of the Indian Succession Act, 1925, and consequential amendments to related provisions, beneficiaries and executors are no longer required to obtain probate merely to establish their rights or transfer assets under a valid will in the erstwhile Presidency Towns of Mumbai, Chennai and Kolkata, where probate had historically been mandatory. Even uncontested wills often required probate proceedings before immovable property could be transferred or financial assets released.

Where a private vehicle is searched in a public place on the basis of prior information received by the detecting officer, Section 43 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) is not attracted and compliance with Section 42 is mandatory, observed the High Court of Kerala in Sudin Babu v. State of Kerala [2026:KER:43659].

The doctrine of approbate and reprobate is a specific species of estoppel. The broader principle of estoppel prevents you from going back on what you have stated, while approbate and reprobate specifically prevents you from accepting the benefits of a transaction while simultaneously rejecting its burdens.

When a post is specifically intended for candidates possessing lower educational qualifications, allowing a person with higher qualifications to secure such employment would deprive a genuinely eligible and deserving candidate of the opportunity, the Supreme Court observed in General Manager (HR) & Anr v. K. Poovarasan [2026 INSC 581].