Lawwatch

Proving Public Documents in Indian Judicial Proceedings

What is a document?

A document is a material substance on which any matter or thought is
expressed by means of letters, figures or marks, either singly or in
combination, for the purpose of recording them.

Any writing, a printed material, a map, an inscription on a rock, a
caricature, a anything marked by notches etc are examples of a document.

Quashing of FIR or Proceedings under Section 482 CrPC

Inherent powers of the High Court

The Section 482 of the Criminal Procedure Code, 1973 (CrPC) preserves
some awesome inherent powers to the High Court to make such orders that
are necessary:

  • to give effect to any order under the Code,

  • to prevent abuse of the process of any court, or

  • to secure the ends of justice.

Inherent powers are quite different from statutorily prescribed powers.
They have to be exercised by the court only to meet the eventualities
specifically laid down by law as its purposes. They should not be
resorted to like the statutorily prescribed remedy of appeal or
revision, but to be used sparingly, carefully and with abundant caution
so as to avoid any misuse.

The High Court (HC) can exercise the jurisdiction suo moto in the
interest of justice even while exercising other jurisdiction such as
appellate or revisonal.

Relevancy in Indian Evidence Act

The term evidence is a bit ambiguous one. It refers to what is adduced by a party in a court proceeding as a means of establishing a fact or its truth. Evidence essentially refers to those items or things that make the truth of a disputed matter quite apparent to a court.

All about Revision in Criminal Cases

Introduction

Revision is the process of examination of an order of a lower court by a
higher court, so as to rectify any improper exercise of judicial power.

The precise purpose of revision is to examine the correctness, legality
or propriety of any proceedings before any inferior court. Revision
keeps the lower court within the bounds of their authority and makes
them work according to well defined principles of law. Revisional
jurisdiction is analogous to power of supervision and superintendence.

An Outline of a Trial before a Court of Session

Introduction

A Court of Session is the court, which deals with serious criminal cases
and passes any sentence including death, at the district (sessions
division) level. It cannot take cognizance of any offence directly,
except when it functions as a special court, in accordance with some
special laws.

Therefore a Magistrate initially has to take cognizance of the offence
even in a serious criminal case and has the right to exercise the powers
relating to bail/remand to custody then. He, thereafter on due
examination of the seriousness of the offence, commits the serious case
to the Court of Session by sending the record of the case along with the
connected articles, if it is triable exclusively by the latter, and
informs the Public Prosecutor of its commitment.

The Court of Session will conduct the case thus committed to it, as
provided for in the sections 225 to 237 of the Criminal Procedure Code,
1973 (CrPC).

Law Relating to Succession & Other Certificates

Legal Heirship Certificate, Succession Certificate and Letters of
Administration have close relation. They serve a common purpose – they
are being used for devolution of some rights on the property of a person
died intestate, to their legal descendants. These certificates, because
of their names rather than their contents, create some confusion in the
minds of not only ordinary people but some learned lawyers also. The
purpose of this write up is to bring in some clarity in regard to the
basic nature of those certificates governing inheritance and succession.

The bank accounts, property, personal assets and investments that a
person leaves behind when he dies are altogether called ‘estate’. When
there is a contest in the nature of devolution of the ‘estate’ to the
descendants, it is necessary to obtain legal authority from the court.
Normally, Will is the legal instrument by which a person makes a plan
for disposition of his property after his death. When the deceased
person leaves no Will or his Will cannot be executed due to some
reasons, there comes the role of such a certificate for disposing of his
‘estate’.

Duly Executed Ancient Will Needs No Further Proof

Execution and attestation of Will

A Will, as per Section 63 of the Indian Succession Act, 1925 (ISA),
requires to be attested by two or more witnesses. Each of the witnesses
must have either seen the testator sign or affix his mark to the Will,
or give directions to someone to affix his signature in his presence, or
get personal acknowledgement by the testator of such testator’s assent
to the Will. Above all, each of the witnesses to the ‘Will’ should have
signed the ‘Will’ in the presence of the testator.

Normally the propounder of the Will must show by cogent (and
satisfactory) evidence that the ‘Will’ which the propounder relies on
was signed by the testator, and that the testator was in sound disposing
mind when he signed the ‘Will’, and that he understood the nature and
effect of the disposition, and that he placed his signature on the Will
of his own freewill (and accord), and that too without any force,
coercion or undue influence of whatsoever nature.

Law relating to Will in a Nutshell

Introduction

Will is a legal declaration in the form of a document, expressing the
intention of a testator, about how his property would be devolved on
whom after his death. It is a personal document of a testator of sound
mind, in regard to the disposition of his property in the event of his
death. The law authorises any person of full testamentary capacity to
dispose of his property by means of a Will.

The legal provisions governing the Will are provided for mainly in Part
VI of the Indian Succession Act, 1925. In proving a Will various
sections of the Indian Evidence Act, 1872 would apply.

Testator is a person who makes a Will or testament. The term testator
also includes any person appointed by a competent court to administer
the estate when the testator does not name an administrator in the Will.
The testator of a Will can assign in the Will an administrator
(propounder) who has the authority to execute the Will when the testator
dies.

Acquittal of the Accused before Defence Evidence

Introduction
Acquittal before defence evidence in sessions trial is something very
rarely happens in Indian courts but there is a legal provision in the
Criminal Procedure Code, 1973 (CrPC), for the purpose. It is a mechanism
incorporated in the law to end the criminal proceedings against the
person accused of criminal offence unnecessarily, at an early
opportunity in the trial process.

Adverse Possession and Consequent Change of Ownership

Introduction

Adverse possession is a peculiar kind of possession of land where a
person not having legal title to the land enters and occupies the land
for long period with no continuing permission of the legal owner and the
true owner subsequently loses his ownership rights after a legally
permissible period of his inaction in recovering the possession from the
possessor. The owner might have initially permitted the possessor in
entering the land on the basis of a lease or licence.

It is the Section 5 of the Specific Relief Act that provides for
recovery of specific property on the basis of the title one holds. Who
owns a better title of the property has the power to possess it over the
other. The Section 6 of the act makes it possible for a title holder to
file a suit for recovery of possession of the property, but
dispossession of any property by illegal means is unlawful as it is an
offence under Section 145 of Criminal Procedure Code.

In law, possession itself is a prima facie proof of ownership or right
on property. Possession gives a rebuttable presumption of ownership,
unless the contrary is established. Since the true owner cannot evict a
possessor of property after a long period of non-possession, an actual
possessor who sets up a claim for the property exclusively on the basis
of his possession for long becomes a legally valid title holder of the
property against the interest of the true owner. It is called adverse
possession.