Search Results for "Prima Facie Case"

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Supreme Court

Supreme Court Dismisses Appeal Against High Court's Quashing of Revisional Order in Execution Proceedings. Decree Against Single Defendant Without Adjudication Held Null and Void Under Code of Civil Procedure, 1908, Order VIII Rule 10, Rendering Execution Incompetent.

12 Jan 2024

The dispute originated from a civil suit filed by the appellants under section 38 of the Specific Relief Act, 1963, seeking a permanent injunction aga...

Supreme Court

Supreme Court Dismisses Petitions in Securities Market Investigation Case, Upholding SEBI's Regulatory Authority. The Court rejected pleas for transfer of investigation to SIT and revocation of SEBI regulatory amendments, finding no apparent regulatory failure and emphasizing limited judicial review over SEBI's domain under the Securities and Exchange Board of India Act, 1992.

3 Jan 2024

The Supreme Court of India adjudicated a batch of writ petitions filed under Article 32 of the Constitution in February 2023, concerning allegations o...

Supreme Court

Supreme Court Sets Aside High Court's Quashing of FIR in Corruption Case Due to Incorrect Legal Test. Investigation Must Proceed as FIR Discloses Cognizable Offence Based on Suspicion Under Prevention of Corruption Act, 1988 and Indian Penal Code, 1860.

1 Mar 2023

The dispute arose from a complaint lodged by Uchit Sharma against Aman Singh, a former Principal Secretary to the Chief Minister of Chhattisgarh, and ...

Supreme Court

Supreme Court Allows Appeal in Section 319 CrPC Case, Setting Aside High Court's Remand Order. Trial Court's Dismissal of Summoning Application Upheld as Evidence Was Insufficient to Meet the Stringent Threshold for Exercising Discretionary Power Under Section 319 of Code of Criminal Procedure, 1973.

1 Mar 2023

The appeal challenged the Allahabad High Court's order dated 16.05.2017 which had quashed the Trial Court's order dated 15.03.2017 and remanded the ma...

Supreme Court

Supreme Court Allows Victim's Appeal for Further Investigation in Criminal Case Involving Influential Minister. The court directed further investigation under Section 173(8) CrPC due to admitted lapses by the State, holding that commencement of trial and framing of charges are not absolute impediments to ensuring fair investigation.

24 Feb 2023

The appeal arose from a High Court judgment dismissing a writ petition filed by the victim seeking transfer of investigation to the Central Bureau of ...

Supreme Court

Supreme Court Sets Aside High Court Order in Lokayukta Case, Upholds Statutory Power to Direct Preliminary Inquiry by State Agency. The Court Held That Section 20(1) of the Odisha Lokayukta Act, 2014 Permits the Lokayukta to Order a Preliminary Inquiry by Any Agency, Including the Directorate of Vigilance, to Ascertain a Prima Facie Case, and Judicial Interference at This Stage Was Unwarranted.

23 Feb 2023

The dispute arose from a complaint dated 9th December 2020 by a Deputy Superintendent of Police alleging corruption against an elected Member of the L...

Supreme Court

Supreme Court Quashes Summoning of Additional Accused in Dowry Death Case Under Section 319 CrPC Due to Insufficient Evidence. The Court held that power under Section 319 CrPC requires more than prima facie evidence and strong cogent evidence indicating involvement, which was lacking as allegations were general and vague without specific role attribution.

21 Feb 2023

The Supreme Court addressed a criminal appeal arising from a High Court order summoning appellants as additional accused under Section 319 CrPC in a d...

Supreme Court

Supreme Court Allows Wife's Appeal Against DNA Test Order in Divorce Case, Upholding Marital Presumption of Paternity. The Court Held That the Presumption Under Section 112 of the Indian Evidence Act, 1872, Cannot Be Rebutted by DNA Evidence Alone Without Proof of Non-Access, Protecting the Child's Legitimacy and Privacy Rights.

20 Feb 2023

The dispute arose from a divorce petition filed by the husband under Sections 13(1)(i) and (ia) of the Hindu Marriage Act, 1955, alleging adultery by ...

Supreme Court

Supreme Court Quashes FIR and Investigation in IPC Case Due to Lack of Cognizable Offence and Civil Nature of Dispute. Allegations Pertained to Trust Management and Removal from Post, Disclosing No Criminal Offence Under Sections 323, 384, 406, 423, 467, 468, 420, and 120B IPC, Leading to Abuse of Process.

30 Jan 2023

The Supreme Court heard an appeal by special leave against a Calcutta High Court judgment that dismissed a petition under Section 482 of the Code of C...

Supreme Court

Supreme Court Allows Appeal in Companies Act Case Against Division Bench Order Restraining Property Transfer. Court Holds Section 339 of Companies Act, 2013 Applies Only to Directors, Managers, Officers or Persons Knowingly Party to Wrongful Trading of Company in Liquidation, Not to Unrelated Third Parties.

25 Jan 2023

The appeal arose from a dispute concerning winding up proceedings against respondent No. 3 Company, which had launched the Festival City Mall project ...

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