Search Results for "preponderance of probabilities"

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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 Quashes Order Declining Approval Under Prevention of Corruption Act Due to Non-Application of Mind. The Court held that an order under Section 17A must reflect independent consideration and cannot be based solely on exoneration in a departmental enquiry, directing fresh reconsideration.

The dispute arose from a writ petition filed by a lawyer and social activist challenging an order dated 26-05-2025 passed by the Under Secretary, Depa...

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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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Supreme Court Upholds Customs Authorities in Classification Dispute Over Imported Goods as High Speed Diesel. Goods Classified as Prohibited High Speed Diesel Under Customs Tariff Act, 1975, Leading to Confiscation and Penalties Under Customs Act, 1962.

The dispute centered on the classification of imported goods by three appellant companies, who declared them as Base Oil under Chapter Heading 2710196...