Search Results for "preponderance of probabilities"

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Bombay High Court Dismisses Bank's Petition Challenging CGIT Award Setting Aside Dismissal of Clerk for Misappropriation. Reinstatement with 60% Backwages Upheld as Enquiry Findings Were Perverse and Bank Failed to Lead Evidence.

The Petitioner-Bank (Bank of Baroda, successor of Dena Bank) challenged the Part-II and Final Awards of the Central Government Industrial Tribunal (CG...

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Bombay High Court Enhances Compensation for Deceased Daily Wage Earner in Motor Accident Claim — Multiplier Based on Deceased's Age, Future Prospects, and Filial Consortium Granted. Employer's Non-Compliance with Labour Laws Not Determinative of Employment; Preponderance of Probabilities Standard Applied.

The appellants, parents and brother of 19-year-old Sagar Gavade, filed a First Appeal against the judgment and award of the Motor Accident Claims Trib...

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Bombay High Court Dismisses Petition Challenging Dismissal of Watchman for Misconduct in University College. Enquiry Found Fair and Proper Under Standard Code Rules, 1984; No Perversity in Tribunal's Findings.

The petitioner, Mallinath Vithal Vathakar, was appointed as a watchman (Class IV) in Sree Narayan Guru College of Commerce on 19 October 1996 and late...

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Supreme Court Dismisses Appeal in Cheque Dishonour Case Due to Contradictory Evidence and Failure to Rebut Presumption. Appellant failed to prove legally enforceable debt as cheque was issued as security and loan transaction not reflected in income tax returns.

The appellant, Sri Dattatraya, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) against the respondent, Sharanappa...

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High Court of Karnataka Allows Appeal in Recovery Suit — Loan Repayment Claim Upheld Despite Lack of Written Agreement. Preponderance of Probabilities Favored Plaintiff as Defendant Admitted Receipt of Money but Failed to Prove Alternative Purpose.

The appellant, Mr. Manjunath S., filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree d...

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High Court of Karnataka Allows Appeal in Railway Accident Claim Case — Deceased Was a Bona Fide Passenger. The Tribunal erred in rejecting the claim on ground of lack of proof of bonafide passenger status despite availability of a valid ticket.

The appellants, being the wife, son, and married daughter of the deceased Thippareddy, filed a claim before the Railway Claims Tribunal, Bangalore, un...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Due to Lack of Evidence of Truck Involvement. Tribunal's finding of rash and negligent driving by truck driver set aside as claimants failed to prove that the accident involved the insured truck.

The present appeal was filed by the National Insurance Co. Ltd. against the judgment and award passed by the Motor Accident Claims Tribunal at Dhule i...

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High Court of Karnataka Dismisses Petition Challenging Lokayukta Inquiry Despite Criminal Acquittal. Acquittal in criminal case does not preclude disciplinary proceedings as standards of proof differ.

The petitioner, D.G. Manjunath, a retired TDO of Dr. B.R. Ambedkar Development Corporation, challenged an order dated 17.05.2012 passed by the Upaloka...