Search Results for "Preponderance of Probability"

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High Court Acquits Accused in Murder Case Due to Insufficient Circumstantial Evidence. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Establish Complete Chain of Circumstances, Particularly with Recovery of Gold Chain Lacking Corroboration.

The appeal arose from a conviction under Section 302 of the Indian Penal Code, 1860, where the appellant was sentenced to life imprisonment for murder...

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High Court Dismisses Insurance Company's Appeal and Partially Allows Claimants' Appeal in Motor Accident Compensation Case. Compensation Enhanced as Academic Marks Do Not Determine Earning Potential Under Section 166 of Motor Vehicles Act, 1988, with Future Prospects Applied.

The dispute arose from a motor accident on 7 November 2014, where a motorcycle driven by Alan Holkar, a 23-year-old third-year BHMS student, was dashe...

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High Court Allows Appeal in Arbitration Case, Restoring Arbitral Award Set Aside by Single Judge. Limited Judicial Review Under Section 34 of Arbitration and Conciliation Act, 1996 Precludes Re-appreciation of Evidence Unless Award Shocks Conscience or Conflicts with Public Policy.

The dispute arose between Appellant, a foreign company manufacturing biscuits in Zimbabwe, and Respondent, an Indian partnership firm, regarding the s...

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High Court Sets Aside Tribunal's Reinstatement Order - Upholds University's Compulsory Retirement of Junior Engineer for Serious Misconduct Under Maharashtra Universities Standard Code Rules

The High Court of Bombay allowed a writ petition filed by Petitioners challenging the University and College Tribunal's order that had set aside the c...

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High Court Allows Appeal by Appellant Against Respondent in Money Claim Suit, Reverses Trial Court's Dismissal on Ownership Grounds Under Major Port Trusts Act, 1963

Appellant, a U.K.-based company, appealed against the Bombay City Civil Court's order dismissing its suit for money claim regarding goods sold by auct...

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High Court Quashes Eviction Order Under Senior Citizens Act -- Sons Successfully Challenge Tribunal's Jurisdiction -- Father Found Ineligible for Maintenance Yet Granted Eviction Relief

The High Court heard a Writ Petition challenging an eviction order against sons from their father's property under the Maintenance and Welfare of Pare...

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Supreme Court altered Conviction to U/s 304-II of IPC from Under Section 302 IPC for Murdering Two Minor Daughters -- Eyewitness Testimony and Medical Evidence Establish Guilt Beyond Reasonable Doubt

The Supreme Court partly allowed the criminal appeal filed by Appellants against her conviction under Section 302 of the Indian Penal Code for murderi...

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Supreme Court Modifies High Court’s Order on Compensation, Affirms Full Liability on Bus Driver. Rash and Negligent Driving of the Offending Vehicle Held Sole Cause of Accident – Tribunal’s View Restored

High Court’s assessment of contributory negligence at 25% on the deceased was set aside. Tribunal’s finding of 100% negligence on the part of the...

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"Recognition of Tribal Identity Reaffirmed: ‘Tokre Koli’ vs. ‘Koli Dhor’ Debate Settled" "High Court quashes scrutiny committee's decision, emphasizing preponderance of probability in caste validation."

The Bombay High Court at Aurangabad Bench overturned the Scheduled Tribe Certificate Scrutiny Committee's decision, which denied validation of the pet...