Showing posts from March, 2020

Probate In India: Definition, Importance & Application

  Probate In India: Definition, Importance & Application                        @1                        A will  is a document that is drawn by a person with clear instructions as to how his/her assets are to be distributed on their death. In certain situations — and only in certain jurisdictions, such as Mumbai, Kolkota and Chennai — the executor of the will may need to apply for a probate in order to legalise it. This article will discuss, in detail, what a probate is, when one is needed in India, what the court fees are, and how it can be obtained. @2 What is a Probate? The Indian Succession Act, 1925 decrees that a probate is official proof of a will. A probate is issued to the executor, or the person who is authorized to implement or execute the will and thereby adds a legal character to the will. A probate, as defined in the India Sucessession Act, 1925, is ‘A copy of will certified under the seal of a court of competent jurisdiction with grant of administration of the


SUMMARY OF THE SUBJECT VARIOUS TYPES OF INTERIM AND  INTERLOCUTORY RELIEFS IN CIVIL CASES WITH REFERENCE TO SPECIFIC RELIEF ACT AND CODE OF CIVIL PROCEDURE. @1                Introduction :Specific Relief Act, 1963 is a substantive law. It provides for the 'specific' or 'particular' relief which can be granted in a proceeding. Whereas the Code of Civil Procedure, 1908 ('the Code' for short) is an adjective or procedural law. It is a general enactment laying down the procedure to be followed for institution and conduct of the suits, other miscellaneous civil proceedings and for execution of decrees. The procedure is directed to ensure the ends of Civil Justice. Accordingly, the Code also provides for incidental proceedings or supplemental proceedings. In order to ensure that the rights and interests of the litigants are protected, the Code empowers the Courts to pass necessary interim or interlocutory orders. The Code is exhaustive as to the matters dealt wi

Significance of relevancy of facts, admissions, confessions, omissions, contradictions and corroboration in appreciation of evidence

1  Significance of relevancy of facts, admissions, confessions, omissions, contradictions and corroboration in appreciation of evidence @1 INTRODUCTION: In a criminal case appreciation of evidence is one of the first and foremost tests to consider the credibility and reliability of the prosecution evidence, both oral and documentary. Finding of the facts, the question of law and the conclusion of the Judges of the court culminating into the judgments in a criminal case mainly based on the appreciation of evidence. Appreciation of evidence is a matter of experience and knowledge of human affairs. It is a delicate task to be carried out by the judges for weighing the evidence and drawing inferences. Each case has it's own peculiarity, common sense and dexterity are also part of the tools. Therefore, appreciation of evidence is the heart and soul of the dispensation of justice delivery system in criminal law. @2 Evidence:Meaning According to Bentham, ‘evidence’ is any matter of