Search Results for "prima facie case"

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Search Results for "prima facie case"

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Supreme Court

Supreme Court Quashes Criminal Proceedings Against SIDBI Officer in RTGS Fraud Case — CVC Report Exonerating Appellant on Same Facts Held Relevant Despite Higher Standard of Proof in Criminal Trial. The Court held that where the CVC report found the appellant to be a victim of fraud and only negligent, criminal proceedings under IPC on identical facts cannot be sustained.

15 May 2020

The case arises from an FIR registered on 09.12.2009 regarding a MSME Receivable Finance Scheme operated by SIDBI. It was discovered that 12 RTGS paym...

Supreme Court

Supreme Court Upholds Death Sentence in Kidnapping and Murder Case — Conviction Based on Circumstantial Evidence Including Last Seen, Ransom Demand, and Recovery of Body. The court held that the chain of circumstances was complete and consistent only with the guilt of the accused under Sections 364A, 302, 120-B, 201 read with Section 34 IPC.

24 Apr 2020

The case pertains to the kidnapping and murder of an 8-year-old boy, Yug, son of Dr. Mukesh Chandak, a dentist in Nagpur. On 1st September 2014, Yug w...

Supreme Court

Supreme Court Dismisses Appeal Against CBI Investigation in Land Acquisition Fraud Case — Consent of State Government Not Required as Offences Relate to Central Government Company Affairs. The Court held that the general consent notification of 1996 did not require prior state consent for investigating an IAS officer where the offences were committed in connection with the affairs of a Central Government company and the conspiracy was hatched in Delhi.

4 Mar 2020

The Supreme Court dismissed an appeal by Kanwal Tanuj, an IAS officer of the Bihar cadre, against the Patna High Court's order rejecting his petition ...

Supreme Court

Supreme Court Upholds High Court's Power to Suspend Judicial Officer in Sexual Harassment Case. The High Court's control under Article 235 of the Constitution includes authority to initiate disciplinary proceedings and suspend a judicial officer pending inquiry under the Sexual Harassment of Women at Workplace Act, 2013.

21 Aug 2019

The petitioner, a judicial officer in the Delhi Higher Judicial Services, was accused of sexual harassment by a Junior Judicial Assistant who worked a...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Inconsistent Defence and Failure to Rebut Presumption. The Court held that the accused failed to rebut the presumption under Section 139 of the Negotiable Instruments Act, 1881, as the receipts produced contained the endorsement 'cheques are subject to realisation', indicating the cheques were not security but towards payment.

21 Aug 2019

The appellant, M/s Shree Daneshwari Traders, a commission agent and merchant, supplied rice bags to the respondent, Sanjay Jain, on request. The respo...

Supreme Court

Supreme Court Quashes Charges Against Hotel Managing Director and General Manager in Guest Fall Case — No Criminal Negligence Established. Vicarious Liability Not Attracted Under Sections 336/338 IPC and Section 4 COTPA Without Specific Allegations of Active Role.

21 Aug 2019

The Supreme Court allowed the appeals filed by Shiv Kumar Jatia (accused No.2, Managing Director) and Aseem Kapoor (accused No.4, General Manager) aga...

Supreme Court

Supreme Court Dismisses Appeals of Village Assistants Convicted Under Prevention of Corruption Act for Accepting Bribe on Instructions of Village Administrative Officer. Presumption Under Section 20 of the Act Applies Even When Demand Was Made by Co-Accused, and Mere Absence of Direct Demand by Appellants Does Not Negate Their Guilt.

20 Aug 2019

The Supreme Court dismissed the appeals of Guruviah and Velusamy, village assistants convicted under the Prevention of Corruption Act, 1988. The case ...

Supreme Court

Supreme Court Sets Aside High Court Order Allowing Discharge in Corruption Case — Remands for Fresh Consideration on Merits. The High Court's finding of 'no evidence' was perverse as it failed to analyze the Trial Court's factual findings regarding the accused's role in arranging bribe payments under the Prevention of Corruption Act, 1988.

20 Aug 2019

The Supreme Court dealt with an appeal by the Central Bureau of Investigation (CBI), Gujarat, against the judgment of the Gujarat High Court which all...

Supreme Court

Supreme Court Dismisses Appeal Against Framing of Charges in Sexual Assault Case — Reiterates Limited Scope of Section 227/228 CrPC at Charge-Framing Stage

19 Aug 2019

The Supreme Court dismissed the appeal filed by Tarun Jit Tejpal against the judgment of the Bombay High Court at Goa, which had refused to discharge ...

Supreme Court

Supreme Court Remands Mining Lease Dispute to High Court for Fresh Adjudication on Substantial Questions of Law. Concurrent Findings of Fact Not Immune from Challenge in Second Appeal if Based on No Evidence or Misreading of Evidence.

14 Aug 2019

The Supreme Court of India heard three civil appeals filed by the State of Rajasthan and its authorities against the judgment of the Rajasthan High Co...

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