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CIRCUMSTANTIAL EVIDENCE

CIRCUMSTANTIAL EVIDENCE
Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact like a ‘fingerprint’ at the scene of a offence/crime. By contrast, direct evidence supports the truth of an assertion directly i.e., without need for any additional evidence or inference.
On its own, circumstantial evidence allows for more than one explanation. Different pieces of circumstantial evidence may be required, so that each corroborates the conclusions drawn from the others. Together, they may more strongly support one particular inference over on another. An explanation involving circumstantial evidence becomes more likely once alternative explanations may have been ruled out.
Circumstantial evidence allows a Trier to infer that a fact exists. 
In criminal law:- the inference is made by the Trier of fact in order to support the truth of an assertion (of guilt or absence of guilt).
Testimony can be direct evidence or it can be circumstantial.
For instance: a witness saying that she saw a defendant stab a victim is providing direct evidence. By contrast, a witness who says that she saw the defendant enter a house, that she heard screaming, and that she saw the defendant leave with a bloody knife gives circumstantial evidence. It is the necessity for inference, and not the obviousness of a conclusion, that determines whether evidence is circumstantial.
Forensic evidence supplied by an expert witness is usually treated as circumstantial evidence.
For instance:- a forensic scientist may provide results of ballistic tests proving that the defendant’s firearm fired the bullets that killed the victim.

Circumstantial evidence is especially important in civil and criminal cases where direct evidence is lacking.

S.V.UNIVERSITY LL.B 3RD SEM RESULTS 2015

ESTOPPEL

Definition:

A rule of law that when person 'A', by act or words, gives person 'B' reason to believe a certain set of facts upon which person 'B' takes action, person 'A' cannot later, to his (or her) benefit, deny those facts or say that his (or her) earlier act was improper.

Estoppel is a set of doctrines in which a court prevents a litigant from taking an action the litigant normally would have the right to take, in order to prevent an inequitable result. Estoppel occurs when a party "reasonably relies on the promise of another party, and because of the reliance is injured or damaged". For example, estoppel precludes "a person from denying, or asserting anything to the contrary of, that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative officers, or by his own deed, acts, or representations, either express or implied".

Related Terms: 
Laches, 

Estoppel is the law's way of saying "you can't have your cake and eat it." One British judge said, in 1862:


PASS BOOK


A Book in which a bank or banker enters all the entries that the deposits made by a customer as well as which is retained by the customer latter.


Interim petition,order and caveat

temporary order of the court pending a hearing, trial, a final order, or while awaiting an act by one of the parties.

The System Of Copartionary

Formation of Mitakshara coparcenary:- A single person cannot form a coparcenary. There should be at least two male members to constitute it. Like a hindu joint family, the presence of a seniormost male member is a must to start a coparcenary. A minimum of two members are required to start and to continue a coparcenary. Moreover, the relation of father and son is essential for starting a coparcenary. For example, a hindu male obtains a share at a time of partition from his father and then gets married. Till the son is born, he is the sole male in this family, but he alone will not form a coparcenary. On the birth of his son, a coparcenary comprising of him and his son, will come into existence. When this son gets married, and a son is born to him, the coparcenary will comprise the father F, his son S, and his grandson.
When a coparcenary is started, the seniormost male member, with his son, that is, lineal male descendant, till four generations (inclusive of him) of male line will form a coparcenary. If there is a lineal male descendant in the fifth generation, he will be the member of the joint family, but will not be a coparcenar as he is removed from the seniormost male member by more than four generations.
When all the coparcenars die, leaving behind only one of them, the surviving coparcenar is called the sole surviving coparcenar. As a minimum of two male members are required to form a coparcenary, a sole surviving coparcenar cannot form a coparcenary all by himself.

Why is coparcenary limited? The coparcenary is limited to three generations of lineal male descedance of the last holder of the property owner. According to the tenets of hinduism, only descendants up to three generations can offer spiritual ministrations to the common ancestor. Besides, only males can be coparcenars because the females invariably leave the father's house and assume domestic duties as they enter in the husband's home.

S.V.University LL.B Exams Time-Table 2015




3/5 YEAR VI sem / X sem exam time table August 2015 (s.v.university)



3/5 YEAR VI Sem / X Sem (Regular Syllabus Students)
Date
Subject
Time
10-8-2015
Penology and Victimology
9.00 Am to 12.00 Noon
11-8-2015
Professional Ethics
9.00 Am to 12.00 Noon
12-8-2015
Alternate Dispute Resolution
9.00 Am to 12.00 Noon

3/5 YEAR VI/X SEM (Old Syllabus Students)
Date
Subject
Time
10-8-2015
Criminology and Penology
2.00 PM to 5 P.M
11-8-2015
Professional Ethics
2.00 PM to 5 P.M
12-8-2015
Public Interest lawyering Legal Aid and Para Legal Service  
2.00 PM to 5 P.M

Planning Commission

 The Planning Commission was an institution in the Government of India, which formulated India's Five-Year Plans, among other functions. It is located at Yojana Bhawan, Sansad Marg, New Delhi. 

It was established in accordance with article 39 of the constitution which is a part of directive principles of state policy.

PIL (Public Interest Litegation)

“litigation filed in a court of law”, for the protection of "Public Interest", such as pollution, Terrorism, Road safety, constructional hazards etc.
ORIGIN OF PIL:- The term "PIL" originated in the United States in the mid-1980s. Since the nineteenth century, various movements in that country had contributed to public interest law, which was part of the legal aid movement. The first legal aid office was established in New York in 1876. In the 1960s the PIL movement began to receive financial support from the office of Economic Opportunity, This encouraged lawyers and public spirited persons to take up cases of the under-privileged and fight against dangers to environment and public health and exploitation of consumers and the weaker sections.
IN BLACK'S LAW DICTIONARY: a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected."

PIL had begun in India towards the end of 1970s and came into full bloom in the 80s. Justice V.R. Krishna Iyer and Justice PM. Bhagwati, honourable Judges of the Supreme Court of India. They delivered some landmark judgements which opened up new vistas in PIL.
in Indian law (meaning):- litigation for the protection of public interest. It is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party. It is not necessary, for the exercise of the court's jurisdiction, that the person who is the victim of the violation of his or her right should personally approach the court. Public Interest Litigation is the power given to the public by courts through judicial activism.

CONSTITUTIONAL BACKING:-
The new and liberal interpretation of the

Scheduled Areas



The term `Scheduled Areas has been defined in the Indian Constitution as "such areas as the President may by order declare to be Scheduled Areas". Paragraph 6 of the Fifth Schedule of the Constitution prescribes following procedure for scheduling, rescheduling and alteration of Scheduled Areas.
Scheduled Area:-
(1) In this Constitution, expression Scheduled Areas means such areas as the President may by order declare to be Scheduled Areas.
(2) The President may at any time by order.
(a) Direct that the whole or any specified part of a Scheduled Area shall   cease to be a Scheduled Area or a part of such an area

(b) Increase the area of

Tiller


The person that who prepare and cultivate land for crops (Farmer).