Search Results for "preponderance of probabilities"

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Madras High Court Allows Husband's Appeal for Divorce on Ground of Adultery Under Section 13(1)(i) of Hindu Marriage Act, 1955. Illicit Relationship Proved Through Circumstantial Evidence and Conduct of Wife.

The appellant, Manikandan, filed a Civil Miscellaneous Appeal under Section 28 of the Hindu Marriage Act, 1955 and Section 19 of the Family Courts Act...

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Bombay High Court Upholds Termination of Driver in Sexual Assault Case — Departmental Enquiry Valid Despite Acquittal in Criminal Trial. Acquittal in criminal case does not automatically entitle reinstatement as standard of proof differs in departmental proceedings.

The petitioner, Ramesh Baburao Firode, was employed as a driver in the District Court at Shrirampur, Ahmednagar. On 28.11.2011, a complaint was lodged...

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Bombay High Court Allows Petition of BDS Student Challenging Invalidity of Scheduled Tribe Certificate. Court holds that Scrutiny Committee erred in rejecting Thakar tribe claim based on preponderance of probabilities and contemporaneous school records of paternal relatives.

The petitioner, Ms. Snehal Dilip Gaikwad, a student provisionally admitted to the Bachelor of Dental Surgery (BDS) course at Sinhgad Dental College, P...

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Bombay High Court Dismisses Appeal and Upholds Nullity of Marriage Due to Prior Subsisting Marriage. Suppression of Previous Marriage and Lack of Divorce Renders Second Marriage Void Under Section 5(i) Read with Section 11 of Hindu Marriage Act, 1955.

The appellant, Priya Jethani, and the respondent, Hitesh Sawlani, were married on 24 December 2013 in Nagpur according to Sindhi customs. After marria...

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Bombay High Court Upholds Setting Aside of Councillor's Election for Bribery Under Representation of the People Act. Payment of Rs.500 to a voter constitutes corrupt practice of bribery under Section 123(1) of the Representation of the People Act, 1951, and the election of the returned candidate is void.

The case arises from an election petition filed by Respondent No.1 (original petitioner) challenging the election of the petitioner (original responde...

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Bombay High Court Dismisses Employee's Petition Challenging Departmental Inquiry During Pendency of Criminal Case. Held that departmental inquiry can proceed simultaneously with criminal trial as standards of proof differ, and no automatic stay arises from registration of criminal case.

The petitioner, Ramesh Sonawane, a Junior Manager with Maharashtra State Electricity Distribution Company Ltd., was involved in a criminal case under ...

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Bombay High Court Allows Appeal in Motor Accident Claim — Negligence of Truck Driver Established by Evidence. Claimant entitled to compensation as rash and negligent driving proved by oral and documentary evidence, including FIR and panchnama.

The appellant, Ruchita Ganesh Kolambkar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for injuries s...