Search Results for "Prima Facie"

318 result(s) found

Scroll Down To Discover

Found 318 result(s)

© Image Copyrights Juris Services & Technology

SUMMONING ORDER MUST REFLECT APPLICATION OF JUDICIAL MIND. Summoning an accused is a serious matter – Magistrate must assign reasons – Non-speaking summoning order quashed

Acts & Sections Discussed: Code of Criminal Procedure, 1973 (CrPC) – Section 482, Section 468(2), Section 202 Drugs & Cosmetics Act, 194...

© Image Copyrights Juris Services & Technology

Presumption of Legitimacy Cannot Be Displaced by Mere Allegations. The Supreme Court upheld the conclusive presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, rejecting a claim for maintenance based on disputed paternity.

Constitution of India – Article 21 – Right to privacy and dignity was violated when a DNA test was ordered without substantial evidence of non-acc...

© Image Copyrights Juris Services & Technology

Quashing of Criminal Proceedings – Lack of Prima Facie Case – Mandatory Compliance Under Section 195(1) of the Code of Criminal Procedure, 1973

Criminal proceedings initiated under Sections 353 and 186 of the Indian Penal Code, 1860, were quashed due to the absence of a written complaint by a ...

© Image Copyrights Juris Services & Technology

Quashing of FIR – Protection under Official Duty – Absence of Mens Rea

Code of Criminal Procedure, 1973 – Section 482 – Quashing of FIR – High Court refused to quash the FIR despite lack of prima facie evidence agai...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Royal Traders' Plea for Waiver in SARFAESI Act Appeal. The court reinforces the necessity of pre-deposit compliance under Section 18(1) of the SARFAESI Act and dismisses petitions seeking waiver.

The judgment clarifies the scope of Section 18(1) of the SARFAESI Act, 2002, particularly the conditions for pre-deposit waivers by borrowers appealin...

© Image Copyrights Juris Services & Technology

"High Court Upholds State Authority to Suspend Officers for Alleged Misconduct Despite Subsequent Policy Waivers" "Administrative accountability prevails over retrospective policy relaxations."

The Maharashtra Administrative Tribunal's decision to reinstate a Tahsildar, suspended for alleged inaction against illegal mining, was quashed. The H...

© Image Copyrights Juris Services & Technology

Grant of Bail in a UAPA Case: Supreme Court Balances Fundamental Rights with Statutory Restrictions. A measured verdict emphasizing due process, evidentiary thresholds, and the right to speedy justice under Article 21.

The Supreme Court of India granted bail to the appellant, Athar Parwez, booked under stringent sections of the IPC and UAPA, 1967, citing procedural d...

© Image Copyrights Juris Services & Technology

Commercial Arbitration Dispute over Development Project Rights. A Dispute on Termination of Development Agreement Leads to Contentious Arbitration and Interim Relief Orders.

In the case under Section 37 of the Arbitration and Conciliation Act, 1996, the Bombay High Court addressed a challenge to an interim relief order pa...

© Image Copyrights Juris Services & Technology

Bombay High Court Grants Bail to Gopal Radheshyam Yadav After Six Years of Custody. An analysis of evidence inconsistencies and procedural delays leads to bail under Article 21's liberty principle.

1. Case Background and Charges Charges: Under IPC Sections 307, 325, 397, 341, Bombay Police Act Sections 135 and 37(1)(3), Arms Act Sections 1 an...