Search Results for "Preponderance of Probabilities"

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Supreme Court Orders Rs. 25 Lakh Compensation in Matrimonial Misappropriation Case. Upholding a woman’s right to her stridhan, the Supreme Court reverses a Kerala High Court ruling, ordering compensation for misappropriation of gold.

The Supreme Court addressed the issue of misappropriation of stridhan (gold jewellery) in a matrimonial dispute. The appellant, Maya Gopinathan, alleg...

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Supreme Court Dismisses Petitions by Partnership Firm; Upholds Acquittal in Cheque Bounce Case. Findings of High Court and First Appellate Court on Absence of Enforceable Debt Not Considered Perverse, Petitions Dismissed.

The Supreme Court dismissed four petitions filed by a partnership firm involved in iron and steel products, challenging the acquittal of the first res...

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Supreme Court Dismisses Appeal of Convicts in Murder Case Under Section 302 IPC. High Court's affirmation of life imprisonment upheld based on eyewitness testimony and discovery of weapons, despite challenges to evidence reliability.

The appeal arose from a murder conviction where two appellants were convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860, a...

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Supreme Court Clarifies Legal Insanity Defence Under Section 84 IPC and Burden of Proof Under Section 105 Evidence Act. The court held that insanity must be legal, not medical, to exempt from criminal liability, with the accused bearing the burden of proof on a preponderance of probabilities standard.

The judgment involved an appeal where the appellant raised the plea of insanity under Section 84 of the Indian Penal Code, 1860, seeking reversal of a...

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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 Upholds Employees' Right to Gratuity in Pending Criminal Appeals Under Kerala Service Rules. Interpretation of Rules 3 and 3A of Kerala Service Rules Distinguishes Pension from Death-cum-Retirement Gratuity, Prohibiting Withholding Despite Conviction with Suspended Sentence.

The Supreme Court examined appeals arising from a Full Bench judgment of the Kerala High Court concerning the entitlement of government employees to D...