Search Results for "Preponderance of probabilities"

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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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Supreme Court Allows Appeal in Consumer Dispute, Holds Flat Purchasers as Consumers Under Consumer Protection Act Despite Subsequent Leasing. NCDRC Decision Reversed and Matter Remanded for Fresh Consideration

The Supreme Court allowed the appeal filed by Appellants and Another against Respondents and Another -- The Court reversed the NCDRC's decision which ...

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High Court of Bombay at Goa Acquits Appellants in Criminal Appeal. Conviction Under Indian Penal Code, 1860 and Goa Children's Act, 2003 Set Aside Due to Inconsistent Evidence and Property Dispute

The Appellants, were convicted by the Children's Court for offences under Section 504 and 324 read with Section 34 of Indian Penal Code, 1860 and Sect...

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High Court of Gujarat Dismisses Petition by Employer in Departmental Inquiry Case Due to Procedural Flaws. Tribunal's Order Quashing Dismissal Upheld as Inquiry Failed to Lead Oral Evidence, Violating Principles of Natural Justice Under Gujarat Civil Services Tribunal Rules.

The dispute involved a petition filed by the District Development Officer and another petitioner challenging the judgment of the Gujarat Civil Service...

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Supreme Court Allows Appellant's Appeal -- Reinstates Criminal Proceedings Against Executive Engineer Despite Exoneration in Disciplinary Proceedings Under Prevention of Corruption Act, 1988

The Supreme Court heard an appeal by the Karnataka Lokayukta against a High Court judgment quashing criminal proceedings against the respondent, an Ex...

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Supreme Court Reinstates Conviction in Cheque Dishonour Case, Modifies Sentence to Fine. Presumption Under Section 139 NI Act Favours Complainant Unless Rebutted by Probable Defence – High Court’s Acquittal Overturned

Presumption of Legally Enforceable Debt (Sections 118 & 139 NI Act): The Supreme Court reiterated that once the complainant proves the cheque...

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Constitution of India, 1950 – Article 226 – Judicial Review in Disciplinary Proceedings – Preponderance of Probabilities as Standard of Proof in Departmental Enquiries – Limited Scope of Interference in Intra-Court Appeal.

Supreme Court upheld dismissal from service imposed on an Assistant Engineer convicted of bribery, emphasizing that judicial review in disciplinary ma...

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Questioning the Legitimacy of a Disciplinary Dismissal. An insightful exploration of fairness, evidence evaluation, and labor law application in employment termination.

The Bombay High Court dismissed the petition by Bank of Baroda challenging the Central Government Industrial Tribunal's (CGIT) awards, which declared ...

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Supreme Court Restores MACT Award in Geeta Dubey Case. Justice Reaffirmed for Claimants Through Detailed Analysis of Evidence.

The Supreme Court reversed the Madhya Pradesh High Court's order that set aside an award by the Motor Accident Claims Tribunal (MACT). The appeal, bro...

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High Court Upholds Dismissal of College Employee for Misconduct. Court Emphasizes the Need for Discipline in Educational Institutions.

The petitioner, a college watchman promoted to Library Attendant, challenged his dismissal following a disciplinary inquiry alleging misconduct, inclu...