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Search Results for "prima facie case"

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High Court

High Court Quashes POCSO Proceedings Against Accused Due to Lack of Prima Facie Case and False Implication. Allegations of Sexual Assault on Minor Found Baseless as Medical Evidence and Conduct of Complainant Contradicted FIR.

13 Nov 2024

The petitioner, Krishnappa, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of proceedings...

High Court

High Court of Karnataka Grants Anticipatory Bail to Accused in Rape and Cyber Crime Case — Petitioner Allegedly Committed Repeated Rape and Recorded Obscene Videos of Complainant, but Court Found No Prima Facie Case of Custodial Interrogation Needed

21 Oct 2024

The petitioner, Prajwal Revanna, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory ba...

High Court

High Court of Karnataka Dismisses Union of India's Appeal Against Stay on Jute Packaging Notifications for Sugar. Court upholds interim order staying notifications mandating 100% jute packaging for sugar, finding prima facie violation of Article 14 and lack of proper consultation under Jute Packaging Materials Act, 1987.

26 Sep 2024

The Union of India, through the Ministry of Textiles and the Jute Commissioner, filed a writ appeal against an interim order passed by a learned Singl...

High Court

High Court Quashes FIR and Charge Sheet in Culpable Homicide Case Due to Lack of Prima Facie Case. Death of Security Guard During Altercation Over Parking Dispute Does Not Attract Section 304 IPC as No Intent or Knowledge of Likely Death Established.

6 Aug 2024

The petitioners, residents and office bearers of Prestige Lake Side Habitat Home Owners Association, filed a writ petition under Articles 226 and 227 ...

High Court

High Court Grants Bail to Accused in Murder Case Based on Lack of Prima Facie Evidence of Conspiracy and Long Incarceration. The court held that mere allegation of conspiracy without direct evidence does not justify denial of bail under Section 439 CrPC.

23 Jul 2024

The petitioner, Mahantesh Shirur, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in Crime N...

High Court

High Court of Karnataka Grants Bail to Accused in SC/ST Act Case Due to Lack of Prima Facie Evidence of Caste-Based Intent. The court held that the mere fact that the victim belongs to a Scheduled Caste is not sufficient to attract the provisions of the SC/ST (POA) Act, 2015, and that there must be a nexus between the offence and the caste of the victim.

3 Jul 2024

The appellant, Rafiq S/o Laalsab Bepari, filed a criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atro...

High Court

High Court of Karnataka Allows Appeal in Commercial Suit for Attachment Before Judgment — Order XXXVIII Rule 5 CPC Requires Strong Prima Facie Case and Risk of Dissipation of Assets. Plaintiff's Application for Attachment Before Judgment Was Wrongly Rejected by Trial Court Despite Evidence of Debt and Asset Disposal.

19 Aug 2024

The appellant/plaintiff, M/s SGK Agencies Private Limited, filed a commercial suit (Com.OS No.237/2023) against the respondents/defendants, M/s Bremel...

High Court

High Court of Karnataka Dismisses Petitions by Directors Challenging NCLT Order Refusing Stay of EGM for Removal — Writ Petitions Held Not Maintainable Due to Alternative Remedy Under Section 421 of Companies Act, 2013. Petitioners Failed to Establish Prima Facie Case for Interim Relief Against Shareholder Action.

2 Jul 2024

The High Court of Karnataka dismissed two writ petitions filed by Mr. Byju Raveendran, Mr. Riju Ravindran, and Ms. Divya Gokulnath, who are directors ...

High Court

High Court of Karnataka Grants Bail to Accused in Murder Case Under KCOCA — Prima Facie Case Not Made Out Against Petitioners. Court Held That Mere Presence at Scene or Association with Co-Accused Without Active Participation Does Not Attract Offences Under Karnataka Control of Organised Crime Act, 2000.

16 Jul 2024

The judgment pertains to three criminal petitions filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in connection ...

High Court

High Court of Karnataka Allows Commercial Appeal in Arbitration Matter — Sets Aside Trial Court Order Refusing Interim Injunction. Court holds that an arbitral award granting specific performance of a sale agreement creates a vested right in the property, and the court under Section 9 of the Arbitration and Conciliation Act, 1996, can grant interim protection to preserve the subject matter of the dispute pending challenge to the award.

19 Jul 2024

The appellant, M/s KLR Group Enterprises, filed a Commercial Appeal under Section 13(1-A) of the Commercial Courts Act, 2015, read with Section 37(1)(...

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