Search Results for "preponderance of probabilities"

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Madras High Court Upholds Permanent Pension Cut for Corruption in Co-operative Department — Demand and Acceptance of Bribe for Rejoining Duty Proved. Disciplinary Authority's Decision Based on Enquiry Report and TNPSC Opinion Not Interfered With Under Article 226.

The petitioner, S. Ponmani, while serving as Additional Registrar of Co-operative Societies, was issued a charge memo on 05.05.2005 alleging that he d...

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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Involvement of Vehicle Established on Preponderance of Probabilities. Delay in FIR and Absence of Vehicle Number in FIR Not Fatal When Other Evidence Supports Claim Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, Vinodray Teraiya, who died in a road accident...

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Supreme Court Dismisses Appeal in Specific Performance Case — Agreement to Sell Not Proved as Genuine Due to Discrepancies in Evidence. Plaintiff Failed to Prove Execution of Agreement and Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The appellant, Jaspal Singh, entered into an Agreement to Sell dated 22.06.2003 with the respondent, Ashwani Kumar, for purchase of 12 marlas of land ...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Death Due to Accident Established on Preponderance of Probabilities. Postmortem evidence of rigor mortis not conclusive to rule out accidental death; driver's license validity not disproved.

The case arises from a motor accident claim petition filed by the husband and son of the deceased, Prabhavati Balkrushna Bhat, who died in a car accid...

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Bombay High Court Upholds Maintenance for Wife in Section 125 Cr.P.C. Case Despite Husband's Denial of Marriage. Court Confirms that Standard of Proof for Marriage in Maintenance Proceedings is Preponderance of Probabilities, Not Proof Beyond Reasonable Doubt.

The case involves a Criminal Revision Application filed by the husband (applicant) challenging the order of the Sessions Court granting maintenance of...

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Bombay High Court Quashes Scrutiny Committee Order Invalidating ST Certificate for Lack of Affinity Test. Caste Claim as 'Thakur' (ST) Upheld as Contemporaneous Documentary Evidence Outweighs Affinity Test Under Maharashtra Act XXIII of 2001.

The petitioner, Monika Sunil Shinde, a 19-year-old resident of Ahmednagar, filed a writ petition under Article 226 of the Constitution of India challe...

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Bombay High Court Acquits Accused in Rape Case Due to Inherent Improbability and False Implication — Conviction Under Section 376 IPC Set Aside on Grounds of Preponderance of Probabilities.

The appellant, Rajesh s/o Kewalramji Chute, was convicted by the Sessions Judge, Bhandara, for offences under Section 376 IPC (rape) and Section 506 I...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Appreciation of Evidence. Negligence of Driver Established Through Oral Testimony and Site Inspection Report, Entitling Claimant to Compensation Under Section 166 of Motor Vehicles Act, 1988.

The appellant, Laximan Vithoba Gaunkar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation of Rs. 2,00,000...