Search Results for "preponderance of probabilities"

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Supreme Court Upholds Dismissal of Constable for Dual Appointment and Forgery in Jharkhand Police Case. Division Bench Erred in Reappreciating Evidence in Departmental Enquiry Where Charges of Fraud and Unauthorised Absence Were Proved on Preponderance of Probabilities.

The present appeal arises from a judgment of the Division Bench of the High Court of Jharkhand at Ranchi, which allowed the Letters Patent Appeal file...

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High Court of Karnataka Allows Revision Petition in Maintenance Case Under Section 125 CrPC — Family Court Erred in Dismissing Petition on Ground of Failure to Prove Marriage. Proceedings Under Section 125 CrPC Are Summary in Nature and Evidence Must Be Appreciated on Preponderance of Probabilities.

The revision petition was filed by Smt. Shashikala (wife) and her two minor children, Sneha and Thilak Kumar, challenging the order dated 25.09.2018 p...

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Supreme Court Upholds Life Imprisonment of BSF Constable for Murder, Rejects Plea of Private Defence. Evidence of Post-Mortem and Eyewitnesses Showed Deceased Was Made to Crouch and Shot Twice, Negating Claim of Self-Defence Under Section 46 of BSF Act, 1968 and Section 302 IPC.

The appellant, a Constable in the Border Security Force (BSF), was convicted under Section 46 of the BSF Act, 1968 for murder punishable under Section...

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Supreme Court Allows State Appeal in Police Constable Dismissal Case — Reinstates Dismissal Despite Criminal Acquittal. Standard of Proof in Disciplinary Proceedings is Preponderance of Probabilities, Not Beyond Reasonable Doubt.

The appeal arises from a judgment of the Division Bench of the Rajasthan High Court which set aside the dismissal of the respondent, a police constabl...

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Supreme Court Allows Appeal by Employer, Restores Dismissal of Employee for Corruption. Acquittal in Criminal Trial Due to Hostile Witnesses Does Not Bar Departmental Proceedings Based on Different Evidence.

The case involves an appeal by the Karnataka Power Transmission Corporation Limited (KPTCL) against the judgment of the Karnataka High Court which set...

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Supreme Court Upholds Conviction for Murder in Private Defence Claim — Evidence of Intentional Fatal Stabbing on Vital Part Establishes Offence Under Section 302 IPC. Right of Private Defence Not Available Where Accused Was Aggressor and Attack Was Not in Good Faith.

The case involves an appeal by R. Jayapal against his conviction under Section 302 of the Indian Penal Code (IPC) for the murder of Poondhaisezhiyan. ...

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Supreme Court Upholds Dismissal of CRPF Head Constable for Negligent Handling of Weapon Causing Death of Colleague. Acquittal in Criminal Case Does Not Vitiate Disciplinary Proceeding Based on Preponderance of Probabilities.

The first respondent, Sitaram Mishra, was a Head Constable in the CRPF. On 18 February 1998, while cleaning his loaded 9 MM carbine in the barracks wi...

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Bombay High Court Dismisses Appeals by Wife and Co-Respondent, Upholds Divorce Decree on Grounds of Adultery, Desertion, and Cruelty Under Hindu Marriage Act, 1955. Wife's Voluntary Sexual Intercourse with Co-Respondent and Desertion Established by Preponderance of Probabilities.

The case involves two family court appeals arising from a divorce petition filed by Sushil (husband) against Sangeeta (wife) under Section 13(1)(i), (...