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Documents citing Ramkishore Lal vs Kamal Narain on 22 November, 1962

Sharad Gupta vs Sudershan Gupta And Anr. on 14 November, 2024

11. However, it remains to consider the argument on behalf of the respondent that the will should be read as a whole and that the testator's intention should be given effect so that the grandchildren are "not on the road" as is argued by the counsel for the respondents. In law, the position is that where an absolute bequest has been made in respect of certain property to certain persons, then a subsequent bequest made qua the same property later in the same will to other persons will be of no effect. This is clearly laid down in Ramkishorelal v. Kamal Narayan, AIR 1963 SC 890 as follows:
Delhi High Court Cites 10 - Cited by 0 - M P Arora - Full Document

N.P. Saseendran vs N.P. Ponnamma on 24 March, 2025

In Ramkishorelal v. Kamal Narayan [Ramkishorelal v. Kamal Narayan, 1963 Supp (2) SCR 417 : AIR 1963 SC 890] it was held that in a disposition of properties, if there is a clear conflict between what is said in one part of the document and in another where in an earlier part of the document some property is given absolutely to one person but later on, other directions about the same property are given which conflict with and take away from the absolute title given in the earlier portion, in such a conflict the earlier disposition of absolute title should prevail and the later directions of disposition should be disregarded.
Supreme Court of India Cites 69 - Cited by 0 - Full Document

Kerala State Electricity Board Ltd vs Central Electricity Regulatory ... on 19 September, 2023

b. Ramkishorelal v. Kamal Narayan, AIR 1963 SC 890 "12. The golden Rule of construction, it has been said, is to ascertain the intention of the parties to the instrument after considering all the words, in their ordinary, natural sense. To ascertain this intention the Court had to consider the relevant portion of the document as a whole and also to take into account the circumstances under which the particular words were used. Very often the status and the training of the parties using the words have to be taken into consideration. It has to be borne in mind that very many words are used in more than one sense and that sense differs in different circumstances. Again, even where a particular word has to a trained conveyancer a clear and definite significance and one can be sure about the sense in which such conveyancer Page 22 of 29 Judgement in Appeal No. 346 of 2023 & IA Nos. 985 and 2110 of 2022 would use it, it may not be reasonable and proper to give the same strict interpretation of the word when used by one who is not so equally skilled in the art of convincing. Sometimes it happens in the case of documents as regards disposition of properties, whether they are testamentary or non-testamentary instruments, that there is a clear conflict between what is said in one part of the document and in another. A familiar instance of this is where in an earlier part of the document some property is given absolutely to one person but later on, other directions about the same property are given which conflict with and take away from the absolute title given in the earlier portion. What is to be done where this happens? It is well settled that in case of such a conflict the earlier disposition of absolute title should prevail and the later directions of disposition should be disregarded as unsuccessful attempts to restrict the title already given.
Appellate Tribunal For Electricity Cites 17 - Cited by 0 - Full Document

Union Of India (Uoi) Representing South ... vs Amarendra Nath Sarkara on 22 April, 1966

Rather the presumption if any, arising from the earlier part, is displaced by what follows in the same document see Ramkishore Lal v. Kamal Narain . It seems to me to be a true rule that it is immaterial that a particular covenant comes later, for the construction of a deed does not depend on the order of the covenants even if the recital be taken as a covenant. It is also scarcely necessary to observe that the obligatory part of the bond must be interpreted strictly. Clause 4 in the bond, as I have already stated, is a governing term. The generally received doctrine of law undoubtedly is that the party who makes an instrument, as in the instant case, should take care so to express the amount of his own liabi-lity, as that he may not be bound further than it was his intention that he should be bound. The word of the instrument is his. We conceive that on the proposed construction full effect can be given o all the express stipulations.
Calcutta High Court Cites 10 - Cited by 2 - Full Document
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