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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 Upholds Termination of Temporary Civil Judge's Services Under M.P. Temporary Service Rules, 1960. Order Found Non-Punitive and Article 311 Not Attracted as It Did Not Cast Any Stigma.

The appeal arose from a writ petition filed by a temporary Civil Judge in the State of Madhya Pradesh challenging the termination of his services. The...

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Supreme Court Upholds Compulsory Retirement of Railway Protection Force Constable for Gross Neglect of Duty and Abuse of Authority. High Court's Reinstatement Order Set Aside for Exceeding Writ Jurisdiction by Reappreciating Evidence.

The case arose from disciplinary proceedings against Rajendra Kumar Dubey, a Constable in the Railway Protection Force (RPF), who was charged with gro...

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Bombay High Court Quashes Appointment of Subject Committees and Chairman in Municipal Council Due to Non-Compliance with Section 81 of Maharashtra Municipal Councils Act. Proportional Representation Required for Election of Subject Committee Members.

The petitioner, Vitthal P. Chopade, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 18.12.2010 passed...

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Bombay High Court Dismisses Petition of Waitlisted Candidates Seeking Appointment as Probationary Officers. No vested right to appointment arises from inclusion in a reserve list; recruitment process concluded with expiry of validity period.

The petitioners, who were waitlisted candidates for the post of Probationary Officers/Management Trainees for the year 2016-2017, filed a writ petitio...

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Supreme Court Clarifies Legal Insanity Defence Under Section 84 IPC and Burden of Proof Under Section 105 Evidence Act. The court held that insanity must be legal, not medical, to exempt from criminal liability, with the accused bearing the burden of proof on a preponderance of probabilities standard.

The judgment involved an appeal where the appellant raised the plea of insanity under Section 84 of the Indian Penal Code, 1860, seeking reversal of a...

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Madras High Court Upholds Annulment of Settlement Deed Under Senior Citizens Act for Grandson's Neglect. Implied Condition of Maintenance Found Sufficient Under Section 23(1) of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Where Deed Executed Out of Love and Affection.

The case arose under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, involving a senior citizen grandmother (respondent no.3) an...

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Bombay High Court Upholds Eviction Decree in Landlord-Tenant Dispute — Tenancy Validly Terminated Under Section 106 of Transfer of Property Act, 1882. Relationship of landlord and tenant established through lease agreement and rent receipts, and notice of termination held valid.

The case involves a second appeal arising from a suit for eviction and possession filed by the original plaintiff (since deceased, represented by lega...

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Supreme Court Dismisses Defendant in Eviction Suit Due to Misuse of Adjournments and Failure to Cross-Examine. Closure of Cross-Examination Right Upheld as Defendant Sought Repeated Adjournments Despite Last Opportunities and Costs, Violating Procedural Cooperation Under Code of Civil Procedure, 1908.

The Supreme Court dealt with a special leave petition challenging orders that closed the defendant's right to cross-examine the plaintiff's witness in...

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Karnataka High Court Dismisses Contempt Petition for Lack of Willful Disobedience of Interim Order in RSA. Court holds that mere violation of an order without proof of willful and deliberate disobedience does not constitute contempt under Sections 11 and 12 of the Contempt of Courts Act, 1971.

The present contempt petition was filed by the complainants under Sections 11 and 12 of the Contempt of Courts Act, 1971, alleging that the accused-co...