AI Overview...
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Probabilities in Legal and Scientific Contexts - Often, legal and scientific assessments rely on probabilities rather than perfect symmetry or certainty. Courts frequently operate within a range of probabilities, making judgments based on what is more probable rather than absolute proof. For example, courts assess whether debtors wilfully disobeyed decrees on the balance of probabilities, not through perfect verification Bhudev Mallick Alias Bhudeb Mallick VS Ranajit Ghoshal - Supreme Court; similarly, in quasi-judicial proceedings like SEBI's, proof often takes the form of prudent estimates due to the difficulty of establishing facts within parties' knowledge Sunita Agarwal W/O- Sri Sanjay Agarwal VS Securities And Exchange Board Of India - Gauhati, SUNITA AGARWAL vs THE SECURITIES AND EXCHANGE BOARD OF INDIA - Securities and Exchange Board of India.
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Scientific and Ecological Assessments - The science of identification (e.g., handwriting or ecological risks) is inherently imperfect, with the reliability of conclusions depending on the development level of scientific methods. As scientific predictability becomes more refined, the likelihood of errors decreases; conversely, less developed sciences carry higher risks of incorrect opinions CHANDER SHARMA ALIAS KAKU vs STATE OF HP - Himachal Pradesh. The assimilative capacity principle in ecology assumes a degree of predictability, but in practice, assessments often involve probabilistic estimates rather than perfect certainty Gene Campaign VS Union of India - Supreme Court, GENE CAMPAIGN . vs UNION OF INDIA - Supreme Court.
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Judicial Decision-Making Under Probabilities - Courts often face the challenge of weighing probabilities within a broad spectrum, where the outcome hinges on where the preponderance of probabilities lies. When evidence conflicts with pleadings, courts tend to exclude such evidence, emphasizing the importance of fixing and weighing probabilities carefully Galatea Ltd. VS Diyora And Bhanderi Corporation - Gujarat.
Analysis and Conclusion: Across legal, scientific, and ecological domains, the consensus is that assessments are rarely based on perfect symmetry or certainty. Instead, they depend on probabilistic judgments, estimates, and the weighing of evidence within a range of possibilities. This approach recognizes the inherent limitations and the need for prudence in decision-making under uncertainty.
Search Results for "Is Often Found in Broad Probabilities Not in Perfect Symmetry"
2025 0 Supreme(SC) 300 • India - Supreme Court
J. B. PARDIWALA, R. MAHADEVAN
court did not properly assess whether the judgment debtors had wilfully disobeyed the decree and criticized the High Court for not ... wilfully disobeyed the decree despite having an opportunity to comply - The High Court's dismissal of the revision application was found ... (Paras 4, 6, 60) ... ... Findings of Court: ... The court found that the executing ... • Whilst the applicant has the onus of proof on the balance of probabilities, proving the facts ought not be difficult or c....
2022 0 Supreme(Gau) 586 • India - Gauhati
ACHINTYA MALLA BUJOR BARUA
Court interfered with notices issued by adjudicating officers of respondent SEBI on technical ground of it not ... There was no possibility of such perfect matching of quantity, timing, prices, etc. between the same parties unless there was prior meeting of minds or a specific understanding/arrangement between the parties. After referring to Ketan Parekh [Ketan Parekh v. ... Since it is exceedingly difficult to prove facts which are especially within the knowledge of the parties concerned, the legal proof in such circumstances partakes the character of a p....
2022 Supreme(Online)(SEBI) 106 • India - Securities and Exchange Board of India
MR. ACHINTYA MALLA BUJOR BARUA, J
Since it is exceedingly difficult to prove facts which are especially within the knowledge of the parties concerned, the legal proof in such circumstances partakes the character of a prudent man's estimate as to the probabilities of the case. ... There was no possibility of such perfect matching of quantity, timing, prices, etc. between the same parties unless there was prior meeting of minds or a specific understanding/arrangement between the parties. After referring to Ketan Parekh [ Ketan Parekh v. ... In a quasi judicial proceeding before the SEBI, the....
1997 1 Supreme 684 • India - Supreme Court
B. N. KIRPAL, A. S. ANAND, B. L. HANSARIA, B. P. JEEVAN REDDY, K. S. PARIPOORNAN, S. C. AGRAWAL, SUHAS C. SEN, A. M. AHMADI, J. S. VERMA
The claims for refund can arise under three broad classes and the issue of ouster of jurisdiction of civil courts can be understood ... he has not so passed on, as the case may be. ... The legislature does not possess such power. ... apply to cases where the authority can prove on the balance of probabilities that the payer would be unjustly enriched because the charge has been passed on. ... abstract propositions and do not relate to abstract units and are not to be measured by abstra....
2025 Supreme(Online)(HP) 7338 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIVEK SINGH THAKURHON'BLE MR. JUSTICE RAKESH KAINTHLA
Thus, legal proof is not necessarily perfect proof; often it is nothing more than a prudent man's estimate as to the probabilities of the case. 31. ... On the other hand, the science of identification of handwriting identification is not nearly so perfect, and the risk is, therefore, higher. ... The more developed and the more perfect the science, the less the chance of an incorrect opinion and the converse if the science is less developed and imperfect. ... They have....
• India - Supreme Court
B. V. NAGARATHNA, SANJAY KAROL
This “assimilative capacity” principle was premised on the assumption of perfect scientific predictability that would allow the internalisation of ecological risks within industrial processes. ... It was concluded that while an excessive focus on probabilities can benefit the proponent of a potentially hazardous activity, the imbalanced deference to consequences can give way to the prohibition of such activities. ... In India, the biodiversity found in and around fields is not considered “weeds” and therefore, ....
2024 0 Supreme(Guj) 601 • India - Gujarat
BHARGAV D. KARIA
Within the wide range of probabilities the court has often a difficult choice to make but it is this choice which ultimately determines where the preponderance of probabilities lies. ... Or when the 'probabilities-factor' is found to be out of tune.” 7.51 It was submitted that when the evidence is at variance with pleadings, it ought not to be looked into by the Court. ... The first step in this process is to fix the probabilities, the second to weigh them, though th....
2024 Supreme(Online)(SC) 7972 • India - Supreme Court of India
Page 180 of 260 assumption of perfect scientific predictability that would allow the internalisation of ecological risks within industrial processes. ... It was concluded that while an excessive focus on probabilities can benefit the proponent of a potentially hazardous activity, the imbalanced deference to consequences can give way to the prohibition of such activities. ... gene pools are found. ... In India, the biodiversity found in and around fields is not considered “weeds” and therefore, #HL_START....
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