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    20Feb, 2023
    Probation and succession certificate/Blog/

    Probate is the legal process of settling a deceased person’s estate. It involves identifying and valuing the deceased person’s assets and distributing them according to their will or the laws of their state. The probate court oversees the process and ensures that the assets are distributed fairly and according to the law.

    A succession certificate is a legal document that authorizes the legal heir(s) of a deceased person to claim the assets of the deceased without having to go through the probate process. It is issued by a court or a revenue officer and can be used to claim assets such as bank accounts, insurance policies, and other movable assets. The succession certificate is typically issued to the legal heirs after they provide proof of the deceased person’s death and their relationship to the deceased.

    Vaibhav Tomar (All Rights Reserved)

    19Feb, 2023
    Section 302 IPC Appeal against conviction Murder Cause of death was opined to be head injury caused by hard and blunt substance

    Asau vs State of Jharkhand CRLDB 1422/16 04/08/22 [ Rogon JJ ]

    [ JHARKHAND HIGH COURT ]

    Section 302 IPC Appeal against conviction Murder Cause of death was opined to be head injury caused by hard and blunt substance PW-2 child witness, son of deceased and appellant – He deposed that he was present in the house when his father assaulted his mother with an iron rod and fled away – Motive behind assault also spelt out by him which is of having suspicion that his mother was having an illicit relationship with another person – Postmortem report further corroborates evidence of PW-2 – Dead body of wife of appellant found in his house – No explanation put forward by him – Conduct of appellant further cements his guilt as he fled away after committing murder – Prosecution, therefore, has been able to establish its case beyond all reasonable doubt Conviction order upheld. [Paras 11, 14 and 20]

    11. P.W.7 (Jaipal Jerai) is the informant who has stated that Suro Kui was his elder sister whose marriage was solemnized with Asau Chatar. His nephew Jeteya Chatar had come and disclosed that his father has committed the murder of his mother with an iron rod and axe. He had gone to the house of his brother-in-law along with the Village-Munda. The Munda had informed the Police and thereafter his statement was recorded. He has identified his signature in the fardbeyan which has been marked as Exhibit-2/2. He has also identified his signature on the inquest report which has been marked as Exhibit-1/1. He has deposed that the Police had recovered a spade and an axe.
    In cross-examination, he has stated that he had not seen the occurrence. He does not know as to whether any dispute existed between his sister and brother-in-law. He also does not know as to whether his brother-in-law had committed the murder or not.

    14. P.W.10 (Dr. Vinod Kumar Pandit) was posted as a Medical Officer at Sadar Hospital, Chaibasa and on 19.01.2010 he had conducted autopsy on the dead body of Suro Kui @ Mangri Kui and had found the following injuries:
    (i) Swelling over scalp on right side with fracture of underlying frontal, parietal and temporal bone. There is laceration of brain tissue and soft tissue with blood and blood clot inside cranial cavity.
    (ii) Bruise bluish black in colour on the anterior chest wall size- 4” x 3” with blood & blood clots underlying subcutaneous tissue.
    (iii) There is pressure mark over anterior and left lateral aspect of neck. Three in numbers size – 4” x 1⁄2”, 3” x 1⁄2”, 21⁄2” x 1⁄2” with blood and blood clot underlying the skin.
    (iv) There are multiple bruises on the back, both knee and on the buttock.
    (v) Foul smelling liquid like substance present.
    (vi) Uterus small size non-gravid.
    The cause of death was opined to be head injury caused by hard and blunt substance. He has proved the postmortem report which has been marked as Exhibit-7.

    20. The Investigating Officer (P.W.9) has stated that in course of investigation, he had recorded the statement of Tupra Chatar and Charhi Chatar and both have stated about seeing the assault and being threatened on trying to intervene. Both these witnesses have been examined as P.W.4 and P.W.5 and they have been declared hostile by the prosecution. The case of the prosecution therefore rests upon the evidence of P.W.2. P.W.2 who is the son of the deceased and the appellant has deposed that he was present in the house when his father had assaulted his mother with an iron rod and fled away. The motive behind the assault has also been spelt out by him which is of having suspicion that his mother was having an illicit relationship with another person. The defence has been unable to demolish the testimony of this witness and his evidence appears to be reliable and trustworthy. The evidence of P.W.2 gains credence from the evidence of the informant who has been examined as P.W.7 and who has deposed about the information received from P.W.2 immediately after the occurrence that his father has committed the murder of his mother. The postmortem report further corroborates the evidence of P.W.2 as the cause of death has been opined to be on account of head injury caused by hard and blunt substance. The dead body of the wife of the appellant was found in his house and no explanation has been sought to be put forward by the appellant in his 313 Cr.P.C. statement. The conduct of the appellant further cements his guilt as he had fled away after committing the murder and had returned after four days to his house when on the basis of confidential information P.W.8 who was In-Charge of the investigation had arrested him. The prosecution, therefore, has been able to establish its case beyond all reasonable doubt

     

    Adv Vaibhav Tomar ( All Rights Reserved)

     

    click here for read the judgment

    display_pdf Asau Chatar vs state of Jharkhand judgment

    13Feb, 2023
    Hindu Marriage Act Section 9 Writ of habeas corpus Custody of minor child Petitioner is the natural guardian of his minor child But for some bald allegations made against him, there is no reason to be believe that he would not conduct himself as a good and caring father/High Court of Punjab & Haryana

     


    PUNJAB HARYANA HIGH COURT 

    SANDEEP vs STATE OF HARYANA CRLWP 8954/12 16/09/21

    •Hindu Marriage Act Section 9 Writ of habeas corpus Custody of minor child Petitioner is the natural guardian of his minor child But for some bald allegations made against him, there is no reason to be believe that he would not conduct himself as a good and caring father – Divorce and custody battles can become a quagmire and it is heart wrenching to see that the innocent child is the ultimate sufferer who gets caught up in the legal and psychological battle between the parents. The eventful agreement about custody may often be a reflection of the parents’ interests, rather than the child’s. The issue in a child custody dispute is what will become of the child, but ordinarily the child is not a true participant in the process. While the best-interests principle requires that the primary focus be on the interests of the child, the child ordinarily does not define those interests himself nor does he have representation in the ordinary sense Custody of minor child to father.

    click here for the judgment 

    Sandeep Kumar @ Sandeep Chugh Versus State of Haryana and Others FINAL_ORDER

    12Feb, 2023
    Section 302 IPC Murder – Even the evidence of a hostile witness can be considered to the extent, it supports the case of the prosecution Therefore, prosecution has established and proved the motive to that extent/Appeal Allowed

     


    [ SUPREME COURT ]

    MALTI SAHU vs RAHUL CRL-A 471/22 11/07/22 [ Shah JJ ]

    • Section 302 IPC Murder – Even the evidence of a hostile witness can be considered to the extent, it supports the case of the prosecution Therefore, prosecution has established and proved the motive to that extent – Another link in the evidence, which establishes and brings home the guilt of the accused person is the recovery of the knife in three pieces, recovered from the place of occurrence, which was used for commission of the offence – Prosecution has been successful in establishing and proving that it was the accused, who purchased the said knife from one-PW-9 – High Court has committed a grave/serious error in observing that the prosecution has failed to prove the link evidence, which could establish and bring home the guilt of the accused Order of acquittal is set aside Appeal allowed

     

    click here for the judgment 

     

    Malti Sahu Rahul & Anr. SC Judgement_11-Jul-2022

    6Feb, 2023
    Section 376 IPC Rape Revision against conviction Petitioner committed rape on victim assaulted her and threw her in the paddy field Merely because victim admitted that she had gone to her work for two hours

    Bhagaban vs State of Orissa CRLREV 270/21 25/07/22 [ RATHO JJ ]

    [ ORISSA HIGH COURT ]

    • Section 376 IPC Rape Revision against conviction Petitioner committed rape on victim assaulted her and threw her in the paddy field Merely because victim admitted that she had gone to her work for two hours after the rape does not render her evidence liable for rejection Victim evidence has been corroborated by the evidence of her younger brother, her father who is also the informant and to whom she had shown the accused, her employer who noticed her damaged saree, Medical Officer who had examined her and found minor injuries on her back which was noticed by the I.O No merit in the contention of the learned counsel for the petitioner that he has been prejudiced as he could not cross examine the victim with reference to her statements before the police No reason to interfere with the conviction Petition dismissed. [Paras 2, 9 and 12]

     

    4Feb, 2023
    Order 23 Rule 3A CPC Bar to suit – Initially, the suit was filed by the respondent merely on the strength of consent decree passed in the divorce suit – Subsequently



     

     

     

    [ UTTARAKHAND HIGH COURT ]

    VINEET KUMAR JAIN vs ARCHANA GARG FA 38/15 23/10/19 [ Alok JJ ]

    • Order 23 Rule 3A CPC Bar to suit – Initially, the suit was filed by the respondent merely on the strength of consent decree passed in the divorce suit – Subsequently, various things were stated in the plaint regarding conduct of the parties as well as arrangement of consideration money for the purchase of the house – Suit was not filed claiming herself owner of the house by the respondent. It is important to note that the initial objection of the appellant was also to the effect that terms and conditions of the consent decree passed in Divorce Suit had been violated by the respondent. In fact, on 04.10.2008 the appellant informed the Court that he has no intention to evict the appeal. It has been recorded in the order sheet dated 04.10.2008 of the suit – The settled legal position, as discussed, is that the consent decree is binding. It is an agreement between the parties with the approval of the Court. It may not act as res-judicata but it acts as estoppel. If for the enforcement of a consent decree, a separate suit is permitted to be filed, it will give rise to the multiplicity of the suit. It would be against the intention of the legislature as embodied under Order 23 Rule 3A of CPC. The suit, as such, is not maintainable.

    1Feb, 2023
    Section 438 and 439 CRPC Bail Process of criminal law cannot be utilised for arm-twisting and money recovery, particularly while opposing the prayer for bail

    BIMLA vs STATE OF BIHAR SLCRL 834/23 16/01/23

    [ SUPREME COURT ]

    • Section 438 and 439 CRPC Bail Process of criminal law cannot be utilised for arm-twisting and money recovery, particularly while opposing the prayer for bail – Question as to whether pre-arrest bail, or for that matter regular bail, is to be granted or not is required to be examined and the discretion is required to be exercised by the Court with reference to the material on record and the parameters governing bail considerations – Bail could be declined even if the accused has made payment of the money involved or offers to make any payment – Held that there is no justification in adopting such a course that for the purpose of being given the concession of pre-arrest bail, the person apprehending arrest ought to make payment – Recovery of money is essentially within the realm of civil proceedings. [Paras 9 to 11]

    click here for the Judgment:

    BIMLA TIWARI PETITIONER VERSUS STATE OF BIHAR & ORS._Judgement_16-Jan-2023

     

    22Jan, 2023
    Accused was rightly acquitted in cheque bounce case as complainant’s ITR proved his financial incapacity to give loan: SC


    FEMA, BANKING & INSURANCE :     SC upholds acquittal in cheque bounce case as Trial Court’s order had considered complainant’s ITR, non-production of pro-notes, witnesses & all circumstances
    • After analyzing all pieces of evidence, the learned Trial Court found that the Income Tax Returns of the complainant did not disclose that he lent amount to the accused, and that the declared income was not sufficient to give loan of Rs.3 lakh. Therefore, the case of the complainant that he had given a loan to the accused from his agricultural income was found to be unbelievable by the learned Trial Court. The learned Trial Court found that it was highly doubtful as to whether the complainant had lent an amount of Rs.3 lakh to the accused.
    • The learned Trial Court also found that the complaint had failed to produce the promissory note alleged to have been executed by the accused on 25th October 1998.
    • After taking into consideration the defence witnesses and the attending circumstances, the learned Trial Court found that the defence was a possible defence and as such, the accused was entitled to benefit of doubt.
    • The standard of proof for rebutting the presumption is that of preponderance of probabilities. Applying this principle, the learned Trial Court had found that the accused had rebutted the presumption on the basis of the evidence of the defence witnesses and attending circumstances. The scope of interference in an appeal against acquittal is limited. Unless the High Court found that the appreciation of the evidence is perverse, it could not have interfered with the finding of acquittal recorded by the learned Trial Court. In that view of the matter, the High Court was not justified in reversing the order of acquittal of the appellant.

    Adv Megha

    SUPREME COURT OF INDIA
    Rajaram
    v.
    Maruthachalam
    B.R. GAVAI AND M. M. SUNDRESH, JJ.
    CRIMINAL APPEAL NOS. 1978 AND 1990 OF 2013
    CIVIL APPEAL NOS. 10500 AND 10501 OF 2013
    JANUARY 18, 2023
    JUDGMENT