Search Results for "Reappreciation of Evidence"

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Supreme Court Upholds Removal of Gramin Dak Sevak for Misappropriation of Public Funds. High Court Exceeded Judicial Review by Reappreciating Evidence in Disciplinary Proceedings Under Gramin Dak Sevak (Conduct and Engagement) Rules, 2011.

The present appeal arises from a judgment of the High Court of Judicature for Rajasthan at Jodhpur dated 02.09.2024, which set aside the penalty of re...

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Supreme Court Restores Concurrent Findings of Revenue Authorities in Pond Land Dispute. High Court Exceeded Writ Jurisdiction Under Article 226 by Reappreciating Evidence Without Perversity.

The dispute pertains to Khasra No.103 (formerly Khasra No.84) in Ghaziabad, Uttar Pradesh. In 1970, the land was recorded as 'Johad (Pond)' in revenue...

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Supreme Court Restores Conviction for Aggravated Penetrative Sexual Assault Under POCSO Act Despite Victim's Consent and Cohabitation. Consent of a Minor Is Irrelevant for Offences Under the POCSO Act and Section 376 IPC, and the High Court Exceeded Its Jurisdiction by Acquitting Based on Such Consent.

The Supreme Court of India dealt with a suo motu writ petition and a criminal appeal arising from a judgment of the Calcutta High Court. The backgroun...

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Supreme Court Allows Appeal in Motor Accident Claim — Restores Tribunal's Disability Assessment of 25% Over High Court's Reduction to 20%. High Court's Reduction of Disability Without Plausible Reasons Set Aside; Tribunal's Compensation Award Restored.

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

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Supreme Court Allows Owner's Appeal in Motor Accident Case Due to Minor Driver Dispute — High Court's Finding of Negligence by Minor Set Aside as Evidence Showed Father Was Driving

The appeal arose from a motor accident claim where the deceased Vijay Jumnalkar died after being hit by a Bolero vehicle. The claimants (wife, mentall...

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High Court of Karnataka Allows Appeal in Property Dispute Case Due to First Appellate Court's Failure to Consider Evidence Properly. Remand Order Set Aside as Appellate Court Exceeded Its Powers Under Order XLI Rule 23 CPC Without Recording Satisfaction That Decree Was Unsustainable.

The appellant (defendant) challenged the judgment and decree dated 14.08.2012 passed by the Senior Civil Judge, Shorapur, in R.A.No.11/2011, which all...

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Bombay High Court Dismisses Petition Challenging Industrial Court's Order Setting Aside Ex Parte Award Under MRTU & PULP Act. Revisional Court Can Reappreciate Evidence When Award Is Ex Parte and Sufficient Material Is Placed.

The petitioner, Harsha Nitin Vora, challenged an order dated 6th October 2009 passed by the Industrial Court, Mumbai, which set aside an ex parte orde...