Search Results for "prima facie case"

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Search Results for "prima facie case"

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High Court

Bombay High Court Quashes Section 302 IPC Charge in Dowry Death Case — Suicide by Jumping Does Not Constitute Murder. The court held that where death is by suicide, Section 302 IPC cannot be invoked unless there is evidence of a direct physical act causing death, and the appropriate charges are under Sections 304B, 306, and 498A IPC.

8 Oct 2014

The applicants, accused in Sessions Case No.141/2008 pending before the Sessions Court at Thane, were charged under Sections 498A, 304B, and 306 IPC r...

High Court

Bombay High Court Grants Bail to Accused in Illegal Building Collapse Case Due to Lack of Prima Facie Evidence of Culpable Homicide and Long Incarceration. Court Held That Section 304 IPC Requires Knowledge of Likely Death, Which Was Not Established Against the Applicants.

28 Oct 2014

The judgment concerns three bail applications filed by accused persons arrested in connection with the collapse of an illegally constructed building i...

High Court

Bombay High Court Allows Stay of Demand for Slum Rehabilitation Authority Pending Appeal, Holding Prima Facie Case for Exemption Under Section 11 of Income Tax Act. The Court directed stay of demand of Rs.53.71 Crores till disposal of appeal by CIT(A), as the Petitioner's activities were charitable and not for profit.

29 Oct 2014

The Petitioner, Slum Rehabilitation Authority, a statutory body under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971,...

High Court

Bombay High Court Allows Stay of Demand for Slum Rehabilitation Authority in Income Tax Exemption Case — Prima Facie Case Established for Section 11 Exemption Despite Section 2(15) Proviso. Statutory Authority's Non-Profit Slum Rehabilitation Activities Held Charitable, Not Commercial.

29 Oct 2014

The Petitioner, Slum Rehabilitation Authority, a statutory body established under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Case Involving Pharmaceutical Marks LOX and XYLOX. Court finds prima facie that Defendants' XYLOX marks are deceptively similar to Plaintiff's LOX family of marks, and that the defence of common origin or acquiescence is not made out.

16 Sep 2014

The Plaintiff, Neon Laboratories Ltd., filed a suit for trademark infringement and passing off against Themis Medicare Ltd. (Defendant No. 1) and Ciro...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Interim Injunction in Property Dispute — Co-owner's Alleged Surrender of Share Held Not Prima Facie Invalid. The court found that the appellant failed to establish a strong prima facie case for interim relief as the power of attorney granted to respondent No.3 included powers to execute documents and the alleged unregistered release deed was not clearly invalid.

10 Sep 2014

The appellant, Mohd. Salim Abdul Sattar, filed an appeal against the order of a learned Single Judge dismissing his notice of motion for interim relie...

High Court

Bombay High Court Grants Bail to Former DIG of Gujarat ATS in Sohrabuddin Fake Encounter Case — Long Incarceration and Lack of Prima Facie Evidence. The court held that prolonged custody without trial and absence of direct evidence linking the applicant to the conspiracy warranted bail under Section 439 CrPC.

11 Sep 2014

The applicant, Dahyaji Gobarji Vanzara, was the Deputy Inspector General of Police, Anti-Terrorism Squad, Gujarat, at the material time. He was accuse...

High Court

Bombay High Court Allows Revision Against Discharge in Attempt to Murder Case — Reinstates Section 307 IPC Charges. The court held that at the charge stage, a prima facie case under Section 307 IPC is made out if there is evidence of intention or knowledge to cause death, regardless of whether the injuries are actually dangerous to life.

29 Sep 2014

The case arises from a criminal revision application filed by the original first informant (Pandharinath Tukaram Raut) and another applicant against t...

High Court

Bombay High Court Quashes Process Against Accused in Cheating Case for Lack of Specific Allegations — Petitioner Summoned Under Section 420 IPC Without Prima Facie Case. The Court held that a Magistrate must apply mind to each accused before issuing process, and mere presence or relationship does not constitute cheating under Section 420 IPC.

1 Sep 2014

The petitioner, Zamirullah Chowdhary, was accused No.12 in Complaint Case No.32/SW/2011 pending before the Metropolitan Magistrate, 51st Court, Kurla,...

High Court

Bombay High Court Allows Appeal in Copyright Assignment Dispute — Upholds Plaintiff's Right to Injunction Against Exploitation of Dubbing and Satellite Rights. Agreement for Assignment of Rights in Telugu Film 'BHAI' Held Valid and Binding, and Plaintiff's Payment of Consideration Creates Prima Facie Case for Temporary Injunction.

24 Sep 2014

The appeal arises from a suit filed by Goldmines Telefilms Pvt. Ltd. (plaintiff) against Reliance Big Entertainment Pvt. Ltd. (defendant No.1) and oth...

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