The Will which is not last and final:

Probate of incomplete Will:

The Will in question (Ex.PW1/H) is drawn on two pages and is complete in itself and does not leave any scope for any other codicilconcerning the estate of the deceased, particularly when bequeath has been made not only of the immovable property and the bank account but also as regards the other assets of testatrix in the residuary clause, which reads as under: –

“2. I also direct that in the event of my acquiring any further movable or immovable assets hereinafter or any other assets that I may have forgotten to mention in the present Will the same shall devolve upon my daughter Mrs. Kavita Kanwar.”

Now, from the evidence on record and from the stand of the appellant, there is little to doubt that there had been several other assets of the testatrix apart from the said immovable property and the bank account.By virtue of the aforesaid residuary clause, all such other assets are bequeathed to the appellant. In the given scenario, two serious questions perforce acquire immediate attention. One that while making the application seeking probate, the appellant did not divulge all other assets which were to come in her hands by virtue of the said residuary clause of the Will in question.

Secondly, when there had not been any direction in the two page Will in question for making payment to anyone or parting with any movable to anyone, what had been the reason for the appellant making payment to different persons, including her own sons, the daughter of the attesting witness and the daughter of the respondent No. 1 apart from giving car to the daughter of the respondent No. 1 and jewelleries to the respondent No. 1 (as alleged in the written submissions before the10 In paragraph 8.2 herein before, we have reproduced the major contents of the application seeking probate with its Annexure-B wherein, only the said immovable property and the amount lying in the bank account were stated; and in paragraph 12 of the application, the appellant mentioned the immovable property as the only asset likely to come in her hands with the referred stipulations.

Both these questions on the conduct of the appellant onlythicken the suspicious circumstances surrounding the Will in question.

Neither Last nor Final Will:

On the other hand, as soon as the possibility of existence of such third page carrying the desire and directions of the testatrix about distribution of her other movable property is taken into account, the document Ex.PW1/H loses all its worth because it cannot be said the testatrix executed the same after understanding the meaning and purport of its contents. If she had the desire of distribution of movable property in a different manner and to different persons (as alleged by the appellant before the High Court), the aforesaid residuary clause would not have occurred in the Will in question at all. Secondly, if it is assumed that the testatrix issued separate directions about distribution of her assets de hors the Will then, the Will in question ceases to be her last Will.
Hence, to cap all the suspicious circumstances, the aforesaid equivocal stand of the appellant, as regards the third page of the Will and her assertion of having acted in accordance with the “directions” in the said third page of the Will, effectively knocks the entire case of the appellant down to the bottom. The suspicions arising because of the facts and factors  noticed herein before, including the unnatural exclusion of the respondents from estate; uncertain and rather inexecutable stipulation about construction by the appellant for the purpose of the respondent No.1; active role played by the appellant in execution of the Will and yet seeking to avoid the factum of her role by incomplete and vague statements; and the  witnesses having contradicted the appellant on material particulars etc.,have not only gone unexplained but are confounded beyond repair with such vacillating stand of the appellant regarding the said third page of the Will of the testatrix.
(As per the submissions made before the High Court, the appellant indeed carried out the directions contained in such third page of the Will.)

Continue reading “The Will which is not last and final:”

Advocates Act, 1961: A Commentary.

Advocates Act, 1961 governs the legal profession in India. According to this law there are two classes of lawyers entitled to practice law in India i.e. advocates and Senior Advocates. The Act has provisions for entry into profession as well as discipline and exit from profession. All the three aspects are looked after by the Bar councils created under the Act which is a body of lawyers themselves. Bar Council also frames the Code of Conduct and Rules of Professional Ethics to be followed by every practicing lawyer. This book contains a specific chapter on Professional Ethics covering material from all over the Globe.

Commentary on Advocates Act is among the bestsellers which was first published in hard print in 2001 and sold out. Republished again in 2004 and sold out. It is presently available in eBook format.

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General Clauses Act, 1897: A Commentary.

General Clauses Act is the interpretation law of India.

General Clauses Act, 1897 is the official Interpretation Statute containing the rules for interpretation of statutes in India. This book contains section-wise detailed commentary with reference to case law about each Section of this Act. A must have book for practicing lawyers as well as those jurists interested in development of law. This is a section by section, Commentary on General Clauses Act, 1897.

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Law of Limitation in India.

Every remedy has a time period within which it can be invoked. This is called limitation. Law of Limitation deals with limitation period to start a legal remedy in India:

Every remedy has a period of limitation within which it can be invoked. The right to seek relief is extinguished after the period of limitation. In India the statute of limitation is called as Limitation Act which was enacted in the year 1963.
Though Act of 1963 is not the exclusive as remedies provided before various Tribunals under different statutes are governed by limitation under that statute yet the principles laid down in the cases decided in respect of Limitation Act would apply to those statutes as well.
This book covers the Limitation Act, 1963 and also the selected leading judgments of Supreme Court of India and Various High Courts of India. Wherever possible live links to judgments are provided.
The book being in the form of digest is easily comprehensible by lawyers and laymen alike.

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Company Law in India

Corporate law in India is no less complex than any other country governed by Anglo Saxon laws. Parliament of India has enacted a new law called Companies Act, 2013 which has consolidated many previous laws into one code. It also recognizes many institutions which were in existence but were not recognized by previous law of 1956.
This opuscule of Company Law in India though aimed at students and practitioners starting their career, would be equally helpful for a quick reference to relevant provision or procedure.
A complete index right in the beginning can be used to access to relevant chapters and the topics dealt therein. The chapters have been created with the view of enhancing knowledge rather than merely passing law exams, as most of existing books aim at.
This kindle edition has been deliberately kept concise by covering all important topics in detail and other topics briefly.
This is the first part of the hopefully two books series. Please download a sample or use preview to read the preface titled “Why buy this book?” in the beginning.
This part contains chapters from History of Company Law, its evolution, registration, management, issue of securities etc.

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Scope of Anticipatory Bail

Anticipatory Bail

Questions of law arising from grant of anticipatory bail:

(1)Whether the protection granted to a person under Section 438 Cr.P.C. should be limited to a fixed period so as to enable the person to surrender before the Trial Court and seek regular bail.

(2)Whether the life of an anticipatory bail should end at the time and stage when the accused is summoned by the court.”

That the following need to be kept in mind by courts, dealing with applications under Section 438, Cr. PC:

(1) Consistent with the judgment in Shri Gurbaksh Singh Sibbia and others v. State of Punjab (1980 (2) SCC 565), when a person complains of apprehension of arrest and approaches for order,the application should be based on concrete facts (and not vague or general allegations) relatable to one or other specific offence. The application seeking anticipatory bail should contain bare essential facts relating to the offence, and why the applicant reasonably apprehends arrest, as well as his side of the story. These are essential for the court which should consider his application, to evaluate the threat or apprehension, its gravity or seriousness and the appropriateness of any condition that may have to be imposed. It is not essential that an application should be moved only after an FIR is filed; it can be moved earlier, so long as the facts are clear and there is reasonable basis for apprehending arrest.

Crime investigation and trial of offences in India

Criminal Law in India:

Crime investigation and trial of offences in India is governed by Criminal Procedure Code, 1973. Offences governed by Indian Penal Code 1860 besides other specialised laws e.g. Narcotics Drugs and Psychotropic Substances Act, 1985. Evidence of witnesses during trial is to be evaluated on the touch stone of Evidence Act, 1872. Children and Juvenile have special law called JJ Act. Prison Conditions are governed by Prisons Act.

Apart from above legislations, there are numerous directions, guidelines and cautions by Supreme Court to protect the personal liberty, human rights and human dignity under article 21 of the Constitution of India.

This book is an attempt to assimilate basic knowledge from all these sources so as to assist in each stage of criminal proceedings starting with crime investigation, bail, trial and even after the conviction and sentencing of a person.

Law Books

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Right of Government to ensure better education in minority institutions of education.

Whether the provisions, namely, Sections 8, 10, 11 and 12 of the Commission Act are ultra vires and whether these provisions transgress the right of minority institutions guaranteed under the Constitution of India?

“It is difficult to comprehend that the framers of the Constitution would have given such an absolute right to the religious or linguistic minorities, which would enable them to establish and administer educational institutions in a manner so as to be in conflict with the other Parts of the Constitution. ……..The right under Article 30(1) has, therefore, not been held to be absolute or above other provisions of the law, and we reiterate the same. By the same analogy, there is no reason why regulations or conditions concerning, generally, the welfare of students and teachers should not be made applicable in order to provide a proper academic atmosphere, as such provisions do not in any way interfere with the right of administration or management under Article 30(1).” Continue reading “Right of Government to ensure better education in minority institutions of education.”

Corruption in India (History, Law and Politics)

Corruption in India

India is the only living ancient civilization which will soon be the most populous country in the World. Corruption remains India’s biggest problem. In last about 72 years since India’s independence, numerous laws and authorities have been created by India to deal with the menace of corruption.

An ebook on Corruption:

Corruption in India
Ebook on Corruption in India

Even though several Chief Ministers, Ministers, Officials etc. are serving sentences of imprisonment in different prisons, the menace of corruption has not subsided. Since 2014 the India may have improved it’s transparency rating but this does not change the ground realities of laws and enforcement authorities which are placed in a precarious flip flop course.

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Law of Joint Property in India

Law of Joint Property, it’s Ownership and Partition:

Right to own property in India dates back mythologically to over 5000 years and if we go by ancient scriptures, at least 2000 years. If Indians call their country motherland, they call the land they own, as their mother; the provider of all needs, from nourishment to shelter. In other words the attachment to land is a matter of emotion and not purely of law.
It is for this reason, the British Government as the colonial rulers over India in 1893, enacted a unique law called Partition Act, 1893. This law along with other laws and the ancient principles of Hindu Law govern the ownership of property which is owned by by more than one person.
This book deals with all the nuances of law relating to ownership, enjoyment and partition of this property including the principles on which the property can be forced to be sold by public auction by court.

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