Search Results for "preponderance of probabilities"

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High Court of Karnataka Allows Appeal in Motor Accident Claim Case Due to Negligence Established by Charge Sheet — Tribunal Erred in Dismissing Claim Petition Despite Criminal Proceedings Showing Driver's Negligence Under Section 166 of Motor Vehicles Act, 1988.

The appellant, Mr. Murugan T, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in...

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High Court of Karnataka Acquits Accused in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complaint under Section 138 of Negotiable Instruments Act, 1881 dismissed as complainant failed to establish that the cheque was issued for a legally enforceable debt or liability.

The case involves a criminal revision petition filed by the accused, S Ramesh Kumar, challenging his conviction under Section 138 of the Negotiable In...

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Bombay High Court Acquits Accused in Parricide Case on Ground of Insanity — Section 84 IPC Benefit Granted. Appellant decapitated his father but was found to be suffering from mental unsoundness at the time of incident, leading to acquittal under Section 302 IPC.

The appellant, Raju Babu Patel, was convicted under Section 302 of the Indian Penal Code, 1860 (IPC) for the murder of his father, Babu Patel, by deca...

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Bombay High Court Upholds Dismissal of Labourer in Disciplinary Proceedings Based on Circumstantial Evidence. Attempted Theft of Government Property Established by Preponderance of Probabilities Under Service Rules.

The petitioner, Govind Bapurao Meshram, was employed as an unskilled labourer at Ordnance Factory, Ambazari, Nagpur. On 24/10/1991, he was served with...

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Bombay High Court Dismisses Writ Petition of Extra Departmental Agent Challenging Dismissal for Misappropriation. Departmental Enquiry Charge of Misappropriating Rs.100 Proved by Preponderance of Probabilities, No Perversity Found.

The petitioner, Ramdas Shankarrao Digraskar, was appointed as an Extra Departmental Agent (E.D.A.) on 5.8.1983 and later promoted to Extra Departmenta...

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Bombay High Court Upholds Dismissal of Senior Clerk in Embezzlement Case — Departmental Enquiry Valid Despite Acquittal in Criminal Trial. Disciplinary proceedings and criminal proceedings are independent; acquittal does not automatically vitiate dismissal order.

The petitioner, Shri Dharma Kondiba Thorat, was employed as a Senior Clerk in the Office of the Divisional Officer, Social Welfare Department, Pune, a...