Last Will may prevail over earlier Will:-

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  Last Will may prevail over earlier Will:- In case of dispute between earlier and subsequent parts of a Will,the subsequent part of the Will will prevails ( Kaivelikkal Ambunhi & ors vs H.Ganesh Bhandary,(1995) 5 SCC-444 & Uma Devi Nambiar & ors vs TC Sidhan,( 2004) 2 SCC-321. In case of “ Jasbir Singh vs Jaspal Singh & ors ”,2016 SCC Online P & H-3416,it   was held that the last will would prevail and the previous Will automatically deemed to have been cancelled, even in the absence of any specific clause.
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"Related Witness not necessarily "Interested Witness":-

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 "Related Witness not necessarily "Interested Witness":-


The term "Witness" is a very important term in Criminal Trial because maximum  decision of Criminal case  depends on the deposition of Witness.In India, deposition of Witnesses is significant in case of murder case, the cases where circumstantial evidence is essential.




Today,in one landmark judgment of Supreme Court of India viz,"State of Rajasthan vs Smti.Kalki & anr"reported in (1981) 2 SCC-752,the punishment of accused person fully depended on the deposition of related witness.




A witness may be called 'interested' only when he or she derives some benefit from the result of a litigation;in the decree in a civil case, or in seeing an accused person punished.A witness who is a natural one and is the only possible eyewitness in the circumstances of a case cannot be said to be 'interested.'In the instant case PW 1 had no interest in protecting the real culprit, and falsely implicating the accused person.


Here,witness is the wife of the deceased;but she cannot be called an 'interested' witness.She is related to the deceased.'Related' is not equivalent to 'interested.' A witness who is a natural one and is the only possible eyewitness in the circumstances of a case cannot be said to be 'interested.'

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