Hiba: Gift Under Muslim Law- Questions & Answers By Justice V Ramkumar [Part-III]

Q.10.2 What is the position if in spite of a gift of the “corpus” the donor retains dominion over the “corpus” ? Ans. Where the donor retains possession of the “corpus” in his own right despite the gift and reserves to himself the right to enjoy the same, such a gift would be invalid. (See – K. S. Mahomed Aslam Khan v. Khalilul Rehman Khan and Others,...

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-V]

Q.21 Is it not permissible for the Magistrate to follow the procedure for recording of evidence by administering oath to the accused while recording the confession ? Ans. No. While the procedure for recording of evidence or administration of oath to the accused, can be resorted to while recording a “statement’ under Section 164 (5) Cr.P.C., such a procedure should not be...

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-IV]

Q.16 If the accused expresses his unwillingness to confess, is there any duty on the part of the Magistrate to liberate the accused from Police custody ? Ans. Yes. That is precisely what Section 164 (3) Cr.P.C. enjoins. Q.17 Should the proceedings of the Magistrate recording the confession be in open Court and during Court hours ? Ans. Yes. The Magistrate should...

Hiba: Gift Under Muslim Law- Questions & Answers By Justice V Ramkumar [Part-II]

Q.6 Who is a “minor” in the context of a Muslim gift ? Ans. Under the pristine Mahomedan Law a Muslim who had attained the age of 15 years was competent to make a valid disposition of his property. (Vide Volume 1 – Pages 42 and 43 of the 4th Edition (1912) of Mohammedan Law by Ameer Ali). But this rule of Mahomedan Law has been superseded by the provisions of the...

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-III]

Q.11 Is it open to a Muhammadan to contend that Part VI of the Indian Succession Act does not apply to testamentary succession to the property of Muhammadans ? Ans. Yes. Section 58 (1) in Chapter I of Part VI of the Indian Succession Act, 1925 declares that the provisions of Part VI of the said Act shall not apply to testamentary succession to the property of Muhammadans. This...

Hiba: Gift Under Muslim Law- Questions & Answers By Justice V Ramkumar [Part-I]

While in the case of Hindus, Christians, Parsis etc., we in India have statute law laying down and regulating their marriage, divorce, testamentary and intestate succession etc., in the case of Mahomedans (Muslims), by and large, we do not have any statute law governing the above aspects. Even though gift is a transfer of movable or immovable property with immediate effect and...

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-II]

Q.6 What is meant by saying that “a person died intestate” ? Ans. It means that the person died without having executed a Will. His properties will, therefore, be subject to the personal law of succession and inheritance. Q.7 What is meant by “succession” ? Ans. Succession means the transmission of the rights and obligations of a deceased person to his heirs under the...

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-V

Q.21 Final report not filed within 90 days. Bail application was filed on the 91st day. Thereafter on the 91st day itself the final report was filed. The Court dismissed the bail application. The accused approached the higher forum seeking default bail. Is the accused entitled to default bail ? Ans. Yes. The indefeasible right of the accused to be released on default bail does...

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-III]

Q.11 Should the Magistrate allow any time for reflection to the accused before recording his confession under Section 164 Cr.P.C. ? Ans. Yes. Before an accused is asked to make his confession the Magistrates ordinarily allow a period for reflection and remand him to jail custody so as to put him out of the reach of the investigating officer. (Vide Aher Raja Khima v. State of...

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-I]

A. SOME GENERAL PRINCIPLES REGARDING “WILLS” Q.1 What is the meaning of “Will”, as generally understood ? Ans. A “will” is usually referred to in combination with a “testament” or a “testamentum” to be known as a “Will and Testament”. It is an instrument made in contemplation of death. A “will” is a testamentary disposition of...

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-II]

Q.6 Can an accused on his own accord make a confession without being sponsored by the Police ?Ans. Yes. An accused himself can appear before a Judicial Magistrate for recording his confession. Such accused person is free to make a voluntary confession before the Magistrate and he need not be sponsored by the Police unlike in the case of a witness or victim. This is a Judge-made law. The...

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-IV

Q.16 Is the above decision in Union of India v. Thamisharasi reported in (1995) 4 SCC 190 applicable to offences under the Kerala Abkari Act?Ans. Yes. Section 37 of the NDPS Act is pari materia with Section 41(A) of the Kerala Abkari Act. (See Muraleedharan v. State of Kerala – (2001) 4 SCC 638 = AIR 2001 SC 1699 – K. T. Thomas, R. P. Sethi – JJ.)Q.17 Is an under-trial prisoner who...