Search Results for "Standard of Proof"

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Supreme Court Allows Appeal in Partition Suit — School Leaving Certificate Not Properly Proved Under Section 35 Evidence Act. Release Deed Executed by Major Plaintiff Valid Despite Absence of Fraud or Coercion.

The case involves a partition suit filed by C. Jayarama Reddy (plaintiff) against his three brothers (defendants 1-3) and subsequent purchasers (defen...

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Supreme Court Allows State Appeal in Police Misconduct Case — Reinstates Dismissal Order. Departmental Inquiry Findings Based on Some Evidence Cannot Be Overturned by Tribunal or High Court in Judicial Review.

The State of Karnataka appealed against the judgment of the Karnataka High Court which upheld the Karnataka Administrative Tribunal's order setting as...

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Supreme Court Allows State Appeal in Police Constable Dismissal Case — Reinstates Dismissal Despite Criminal Acquittal. Standard of Proof in Disciplinary Proceedings is Preponderance of Probabilities, Not Beyond Reasonable Doubt.

The appeal arises from a judgment of the Division Bench of the Rajasthan High Court which set aside the dismissal of the respondent, a police constabl...

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Supreme Court Allows State's Appeal to Rescind Tax Rebate Notification Under Uttar Pradesh Trade Tax Act, 1948 — State's Power to Withdraw Rebate Upheld Despite Existing Industrial Units' Compliance.

The case involves two civil appeals filed by the State of Uttar Pradesh against M/s. Birla Corporation Limited concerning the validity of a notificati...

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Supreme Court Allows Workman's Appeal in Industrial Dispute — Scope of Enquiry Under Section 33(2)(b) of Industrial Disputes Act, 1947 Clarified. Labour Court's Order Rejecting Approval for Dismissal Restored as It Did Not Exceed Its Limited Jurisdiction.

The appeal arose from a dispute between John D'Souza, a workman, and the Karnataka State Road Transport Corporation (KSRTC). The workman joined as a b...

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Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Based on Perverse Findings. Statutory Presumption Under Sections 118(a) and 139 of the Negotiable Instruments Act, 1881 Not Rebutted by Accused Despite Admission of Cheque Issuance.

The appellant, Uttam Ram, owned an apple orchard and supplied packing materials to apple growers, including respondent Devinder Singh Hudan. In Septem...

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Supreme Court Commutes Death Sentence to Life Imprisonment in Rape and Murder of Minor. Conviction Upheld but Death Penalty Not Warranted Due to Lack of Aggravating Circumstances.

The appellant, Ravishankar @ Baba Vishwakarma, was convicted by the Trial Court for kidnapping, raping, and murdering a 13-year-old girl, and for dest...