Execution Proceedings-

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  Execution Proceedings (Ss.47, 60, 122 Or.21 Rs.11, 98 & Or.11 R.14):- Executive Proceedings-Executing court must dispose of executive proceedings within six months from date of filing which may be extended only by recording reasons in writing for such delay. This would mean that every effort should be made to dispose of execution petition within said time-limit and executing court should have reasons for not being able to dispose of execution petition. Executing court is duty-bound to record reasons in writing when it is unable to dispose of matter within six months (Bhoj Raj Garg vs Goyal Education & Welfare Society: (2025) 9 SCC-618.
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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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