Search Results for "prima facie involvement"

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Search Results for "prima facie involvement"

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Supreme Court

Supreme Court clarifies the scope of possession of child pornography under POCSO and IT Act. Mere possession or downloading of child pornography is not an offense under POCSO unless accompanied by intent to distribute or transmit. However, POCSO's strict provisions aim to protect children, considering child pornography's significant impact on societal welfare.

23 Sep 2024

Scope of Section 15 of the POCSO: The primary legal issue was whether mere possession of child pornographic material without intent to distribut...

High Court

Bombay High Court Dismisses Revision Applications of Accused in Building Collapse Case — Prima Facie Case Made Out for Culpable Homicide Not Amounting to Murder. Court holds that contractual relationship or professional commitment is not a prerequisite for framing charges under Sections 304, 420, 465, 467, 468, 120-B, 471, 201, 337, 338 read with 34 IPC when there is sufficient material showing active participation or illegal omission.

13 Jun 2024

The judgment arises from the collapse of a multi-storey building named 'Tariq Garden' in Mahad, Raigad on 24 August 2020, resulting in 16 deaths and s...

Supreme Court

Supreme Court Dismisses Bail Appeal in Terrorism Case Under UAPA Due to Prima Facie Evidence and National Security Risks. Bail Denied as Court Found Reasonable Grounds to Believe Accusation True Under Section 43D(5) of Unlawful Activities (Prevention) Act, 1967, Based on Disclosure Statements and Terror Module Involvement.

1 Feb 2024

The appeal arose from the dismissal of a bail application by the appellant, an accused in a terrorism-related case involving charges under the Indian ...

Supreme Court

Supreme Court Reinstates Prosecution of Public Servant and Spouse in Prevention of Corruption Act Case for Disproportionate Assets. High Court's Discharge Order Quashed as It Erred in Re-appreciating Evidence at Charge Framing Stage Under Section 239 CrPC, Failing to Consider Prima Facie Case Based on FIR and Charge Sheet Materials.

5 Sep 2022

The Supreme Court heard appeals by the State of Tamil Nadu against the Madras High Court's judgment discharging a public servant and his wife from pro...

Supreme Court

Supreme Court Allows Bail for Accused in UAPA Case Due to Lack of Prima Facie Evidence and Prolonged Incarceration. Court Holds That Statutory Restrictions Under Section 43D(5) of Unlawful Activities (Prevention) Act, 1967 Do Not Oust Constitutional Courts' Power to Grant Bail Based on Fundamental Rights Violations and Trial Delays.

28 Oct 2021

The Supreme Court dealt with two criminal appeals arising from a Kerala High Court judgment concerning bail granted to accused persons under the Unlaw...

High Court

High Court of Karnataka Grants Bail to Accused in NIA Case Under UAPA and IPC — No Prima Facie Evidence of Conspiracy or Terrorist Act. The court held that the bar under Section 43D(5) of UAPA does not apply when the accusations are not prima facie true, and the appellant's role was not clearly established in the charge sheet.

2 Aug 2019

The appellant, Asim Shariff, accused No.5, filed a criminal appeal under Section 21 of the National Investigation Agency Act, 2008, challenging the or...

High Court

Bombay High Court Allows Insurance Company's Appeal Against Interim Compensation Award Under Section 140 of Motor Vehicles Act, 1988 — No Fault Liability Cannot Be Determined Without Prima Facie Evidence of Accident Involvement. The Court held that the Tribunal must record satisfaction about the involvement of the insured vehicle before granting interim compensation under Section 140 of the Motor Vehicles Act, 1988.

4 Jul 2019

The present appeal was filed by Bajaj Allianz General Insurance Co. Ltd. (the original respondent No.2) challenging the order dated 16.10.2010 passed ...

Supreme Court

Supreme Court Upholds Denial of Bail to Accused in Terror Funding Case Under Unlawful Activities (Prevention) Act, 1967 — High Court Order Set Aside for Erroneous Application of Section 43D(5) Bar. The Court held that the bar under Section 43D(5) applies when the court finds a prima facie case, and the High Court's approach was contrary to law.

1 Mar 2019

The Supreme Court allowed the appeal filed by the National Investigation Agency (NIA) against the Delhi High Court's order granting bail to Zahoor Ahm...

High Court

Bombay High Court Dismisses Revision Against Discharge Order in Criminal Conspiracy Case — Grave Suspicion Sufficient for Trial Under Section 120B IPC. The court held that at the stage of framing charges, the court is not required to weigh evidence meticulously; if the material gives rise to grave suspicion, the accused must face trial.

28 Mar 2016

The applicant, an Inspector of Police, was accused No.23 in Sessions Case No.312 of 2014 arising out of a criminal conspiracy. He filed a discharge ap...

High Court

Bombay High Court Cancels Bail of Accused in Tiger Poaching Case Under Wild Life (Protection) Act, 1972 — Accused Found to Be Financier and Key Link in Transnational Wildlife Trafficking.

12 Dec 2014

The State of Maharashtra (Forest Department) filed an application under Section 439(2) of the Criminal Procedure Code, 1973 seeking cancellation of ba...

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