Search Results for "preponderance of probabilities"

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Supreme Court Allows Appellant's Appeal -- Reinstates Criminal Proceedings Against Executive Engineer Despite Exoneration in Disciplinary Proceedings Under Prevention of Corruption Act, 1988

The Supreme Court heard an appeal by the Karnataka Lokayukta against a High Court judgment quashing criminal proceedings against the respondent, an Ex...

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Supreme Court Reinstates Compulsory Retirement in Disciplinary Proceeding Despite Criminal Acquittal. Disciplinary Authority's Finding of Misconduct Upheld as Independent of Criminal Trial Outcome Under Karnataka Lokayukta Act, 1984 and Prevention of Corruption Act, 1988.

The appeals arose from a judgment of the Karnataka High Court which set aside a compulsory retirement order imposed on a Village Accountant following ...

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Supreme Court Quashes Reinstatement Order in Industrial Dispute Due to Tribunal's Excessive Interference. Tribunal Erred by Applying Criminal Standard of Proof and Revisiting Evidence De Novo Under Section 11A of Industrial Disputes Act, 1947, Contrary to Limited Scope of Judicial Review.

The dispute arose from the dismissal of a workman, R.C. Srivastava, by Standard Chartered Bank following a domestic enquiry into allegations of miscon...

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Supreme Court Restores Acquittal in Cheque Dishonour Case Due to Complainant's Failure to Prove Debt. High Court's Reversal Set Aside as Trial Court's Findings on Rebuttal of Presumption Were Plausible and Not Perverse.

The Supreme Court allowed the appeal filed by Rohitbhai Jivanlal Patel against the judgment of the Gujarat High Court, which had reversed his acquitta...

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Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Conviction Due to Failure to Prove Legally Enforceable Debt. Accused's Defence of Blank Cheque Misuse and Absence of Loan Disbursement Raises Probable Doubt, Rebutting Presumption Under Section 139.

The case involves a criminal appeal under Section 138 of the Negotiable Instruments Act, 1881. The appellant, ANSS Rajashekar, was accused by the resp...