Search Results for "prima facie material"

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Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "prima facie material"

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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...

Supreme Court

Supreme Court Examines Interface Between Section 43-D(5) of Unlawful Activities (Prevention) Act, 1967 and Article 21 of Constitution of India, and Propriety of Smaller Benches Diluting Larger Bench Decision on Bail. The Appeal Arises from High Court Dismissal of Bail Under UAPA and NDPS Act, Raising Questions on Compatibility of Bail Restrictions with Right to Personal Liberty.

1 Jan 1970

The appellant, a government employee and political activist associated with the Jammu & Kashmir People's Conference, was initially taken into preventi...

Supreme Court

Supreme Court Upholds Section 18A of SC/ST Act Against Challenge of Unconstitutionality — Amendment Restores Pre-Dr. Subhash Kashinath Position After Review

10 Feb 2020

The petitioners challenged the constitutional validity of Section 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 198...

High Court

Bombay High Court Allows Wife's Interim Maintenance Application in Family Court Appeal, Dismisses Husband's Stay Application. Maintenance under Section 125 CrPC is a continuing right and wife's employment does not automatically disentitle maintenance if her income is insufficient.

21 Dec 2023

The case involves two interim applications in a Family Court Appeal. The wife, Purvi Mukesh Gada, filed an application (IA/16733/2023) seeking interim...

High Court

High Court of Karnataka Holds Appeal Maintainable Under Section 13(1A) of Commercial Courts Act Against Ex-Parte Mandatory Injunction in Copyright Infringement Suit. Trial Court’s Failure to Record Reasons for Dispensing Notice Before Granting Mandatory Injunction Under Order 39 Rule 3 CPC Challenged as Violative of Procedural Mandate.

8 Nov 2022

The appellant, Smt. Supriya Shrinate, the Chairperson of Social Media and Digital Platforms of the Indian National Congress, challenged an ex-parte or...

Supreme Court

Supreme Court Allows Anticipatory Bail in SC/ST Act Case — No Prima Facie Case Under Sections 3(1)(r) and 3(1)(u) as Allegations Lack Intent to Humiliate on Caste Grounds. The Court held that mere knowledge of caste identity and critical remarks against a public figure do not constitute an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 without specific intent to humiliate on caste basis.

21 Aug 2024

The appellant, Shajan Skaria, the editor of an online news channel 'Marunandan Malayali', published a YouTube video on 24.05.2023 levelling allegation...

High Court

Bombay High Court Refers Questions on Scope of Appellate Interference in Interim Injunction Orders to Larger Bench. Division Bench Noted Conflict Between Precedents on Whether Injunction Orders Are Discretionary or Prima Facie Adjudication, Impacting Appeal Scope Under Order 43 Rule 1 of Code of Civil Procedure, 1908.

28 Apr 2025

The Bombay High Court, constituted as a larger bench, was seized of a reference made by a Division Bench owing to irreconcilable conflict in precedent...

High Court

High Court of Karnataka Grants Bail to Accused in NIA Murder Case on Grounds of Parity and Delay in Trial. Appellants Accused of Murder Under Section 302 IPC and Offences Under Unlawful Activities (Prevention) Act Granted Bail as Co-Accused Already Released.

1 Jul 2022

The appellants, accused Nos. 1 and 4, filed a criminal appeal under Section 21(4) of the NIA Act challenging the order dated 21.04.2021 passed by the ...

High Court

Bombay High Court Dismisses Appeal in Trademark Dispute Over 'Anna' for South Indian Eateries - Prior User Fails to Establish Infringement Due to Generic Nature of Mark. The court held that the word 'Anna' is generic and cannot be exclusively appropriated, rejecting the claim of trademark infringement and passing off under the Trademarks Act, 1999.

30 Nov 2023

The dispute arose between two eatery owners in Pune over the use of the word 'Anna' in their restaurant names. The Appellant-Plaintiff, Shantapa alias...

High Court

Bombay High Court Upholds Injunction Against Developer in Dispute Over Exhausted FSI and Conveyance Rights. Prima Facie, Developer's Attempt to Use TDR for Further Construction on Sector IV-A After Exhausting Consumable FSI Violates Cooperative Housing Societies' Right to Conveyance.

15 Apr 2015

The Bombay High Court dealt with cross-appeals arising from an interim injunction granted in a suit filed by cooperative housing societies against the...

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