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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golden principles of circumstantial evidence

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            In “Sharad Birdichand Sarda vs State of Maharashtra”:AIR 1984 SC-1622,the SC elaborated the five golden principles of circumstantial evidence laid down in Hanumant Vs.State of MP:AIR 1952 SC-343 which has been strictly abided by the SC itself in various leading cases and therefore are very important.

1.     The circumstances from which the conclusion of guilt is to be drawn should be fully established.

2.     The facts so established should be consistent with the hypothesis of guilt.

3.     The circumstances should be of a conclusive nature and tendency.

4.     They should exlcude every possible hypothesis except the one to be proved.

5.     There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accussed.

These five golden  principles constitute the panchsheel of the proof oa case based on circumstantial evidence and in the absence of a corpus deliciti.

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