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Showing posts from February, 2021

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

PREPARING TO CROSS EXAMINE A WITNESS :

  PREPARING TO CROSS EXAMINE A WITNESS :  1 PREPARING TO CROSS EXAMINE A WITNESS  1. Have command of the case.                    To an outsider, a cross examination might seem like a series of random questions, but the process is actually incredibly well-planned and requires hours of preparatory work. It’s essential to know the ins and outs of the case in order to ask just the right questions. Start conducting research for the cross examination as far in advance of the trial as possible.  ·                                   Learn all the facts of the case, not just those you need to know before the trial begins. As you gather information to construct your case, determine how the cross examination will factor in. For example, if you’re cross examining a doctor who is serving as an expert witness, figure out how it will help your defense if you show the person to be in some way unreliable. An entire defense can hinge on discrediting a witness.                    

Physical Presence Of Parties Not Needed For Compromise Petition, Mutual Consent Divorce & Acceptance Of Sureties : Karnataka HC

  Physical Presence Of Parties Not Needed For Compromise Petition, Mutual Consent Divorce & Acceptance Of Sureties : Karnataka HC             The Karnataka High Court has held that it is perfectly lawful for the Courts to record the compromise on the basis of the compromise petitions duly by the parties and tendered by their respective Advocates before the Court, even without procuring the personal presence of the parties. Apart from this it was also held that conduct of the proceedings of the petitions filed under Section 13B of the Hindu Marriage Act, 1955 Section 28 of the Special Marriage Act, 1954, for divorce by mutual consent can be conducted via videoconference.                The court further laid down a procedure which can be followed for acceptance of sureties in compliance with the condition in the orders of the Criminal Courts. A division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty passed the order while hearing a suo-motu petition taken

Accused can remain present before magistrate in person or through a counsel or agent during enquiry U/S 202 of CRPC against him.Supreme Court

  : Accused can remain present before magistrate in person or through a counsel or agent during enquiry U/S 202 of CRPC against him. Supreme Court           Thus, the question to be considered is as to whether accused has any right to cross examine a prosecution witness examined during the course of inquiry under Section 202 of the Code. It is well settled that the scope of inquiry under Section 202 of the Code is very limited one and that is to find out whether there are sufficient grounds for proceeding against the accused who has no right to participate therein much less a right to cross examine any witness examined by the prosecution, but he may remain present only with a view to be informed of what is going on.   This question is no longer res integra having been specifically answered by a 4-Judge bench decision of this Court in the case of Chandra Deo Singh v. Prokash Chandra Bose @ Chabi Bose and Anr. MANU/SC/0053/1963 : , [1964]1SCR639 ,                 wherein this Court

When A Person Refuses To Issue Certificate Under Section 65-B(4) Of Evidence Act, Court Must Order Its Production : Supreme Court ---------------

  When A Person Refuses To Issue Certificate Under  Section 65-B(4) Of Evidence Act, Court Must Order Its Production : Supreme Court ---------- -----            The Supreme Court has observed that application can be made to the trial court to direct a person to produce the certificate under Section 65-B(4) of Evidence Act on the refusal of such person to produce the same otherwise. "In a fact-circumstance where the requisite certificate has been applied for from the person or the authority concerned, and the person or authority either refuses to give such certificate, or does not reply to such demand, the party asking for such certificate can apply to the Court for its production under the provisions aforementioned of the Evidence Act, CPC or CrPC.                            Once such application is made to the Court, and the Court then orders or directs that the requisite certificate be produced by a person to whom it sends a summons to produce such certificate, the p