Accused cannot seek Analysis of Toddy B Sample

9 December 2021Posted inCriminal law
In Krishnan M.C vs State Of Kerala, a Division Bench of the Kerala High Court, in view of the conflicting decisions in different cases, examined as part of a reference whether the accused has got a right to get the second sample taken for analysis to the Chemical Examiner’s Laboratory, under Section 8 of the Kerala Abkari Shops Disposal Rules,2002. It was decided by the bench that the accused has no right seek chemical analysis of B Sample. There is no specific provision in the law for the purpose, as well.

Succession Rules applicable to Indian Christians

8 December 2021Posted inProperty & Succession
The law that lays down the rules of distribution of property of a Christian dying intestate (without making a Will), is the Indian Succession Act, 1925 (ISA). The Indian Succession Act, 1865, Cochin Christian Succession Act, 1921, Travancore Christian Succession Act, 1916 etc applicable to Christians in the past were repealed and consolidated into ISA.

Lease and License: The Fundamental Difference

3 December 2021Posted inProperty & Succession
There is marked distinctions between a lease and a licence though many would think both have no much differences. At one time it was thought that if a person was given exclusive possession of a premises, it would conclusively establish that he was a lessee. The exclusive possession considered to be an infallible test to decide whether it is a license or not, is no longer an infallible one. The key test now is the intention of the parties involved.

Legal Heirship Certificate not for Property Transfer

1 December 2021Posted inProperty & Succession
An heirship certificate serves the purpose of identifying the relationship of the heirs to the deceased person. Legal Heirship Certificate is issued by the revenue officers of the executive government - in Kerala it is the Tahsildar - based on the enquiry made by his junior revenue official – the Village Officer. The certificate can be used for drawing an amount not exceeding Rs five lakh as of now. The Legal Heirship Certificate however has some sanctity in revealing the legal heirs of the deceased.

All about Succession Certificate

1 December 2021Posted inProperty & Succession
The term succession refers to the process by which the legal heirs acquire the property of the deceased. A Succession Certificate (SC) however is the one that is granted exclusively in respect of “debts and securities” such as Provident Fund, Bank Deposit, Insurance, Shares etc to which the deceased was entitled to, as per Section 370 read with Section 214 of the Indian Succession Act. Therefore, one can apply for a SC only in respect of debts and securities.

Attestation Unnecessary for Many Legal Instruments

30 November 2021Posted inCivil law, Evidence law
Every instrument under the law in India does not require attestation. Even if it is attested the court may not be conducting the examination of them unless the document is required to be attested as per law. However, attestation of the instrument and consequent examination of the attesting witnesses as part of proving it are essential requirements in instrument such as a Will when law prescribes so.

Legal Validity of Plain Paper Agreements

26 November 2021Posted inProperty & Succession
The essential conditions of a valid contract are informed consent, consideration and lawful object and such agreements are enforceable under the Indian Contract Act, 1872. Even oral agreements are valid in India, as per the act. The Contract Act does not make stamping of agreements compulsory. It does not make an unstamped agreement/contract thereby invalid or unenforceable. Therefore, an agreement does not require mandatory stamping to make it a legal and valid instrument.

Continuation of a Criminal Case when the Complainant dies

25 November 2021Posted inCriminal law
When a complainant dies, the Magistrate cannot proceed with the case merely on the ground that the pleader, appointed by the deceased-complainant, is present in the court to continue the proceedings. In such a scenario, his pleader retains no authority and cannot, therefore, be allowed to continue to proceed with the complaint in the capacity of the pleader of the deceased-complainant. Therefore, he cannot be allowed to represent the complaint, under Section 256(2) of the Criminal Procedure Code (CrPC).

Recall of Witness u/s 311 CrPC & 165 IEA

24 November 2021Posted inCriminal law, Evidence law
The Judge has unfettered authority to summon any material witness, or examine any person attending the court, though he is not summoned as a witness, or recall or re-examine any person already examined, if his evidence appears to be essential to the just decision of the case, under Section 311 of the Criminal Procedure Code (CrPC).