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 Dismisses Revision Against Discharge of Accused in Dowry Death Case — No Prima Facie Case Under Section 304B IPC as Demand of Gold Ring Not Proven as Dowry Demand. The court held that the demand of a gold ring after marriage does not constitute dowry under Section 304B IPC unless it is shown to be in connection with marriage.

30 Nov -0001

The applicant, Suman Shingvi, the original complainant and wife of respondent no.1 Mahavir Shingvi, filed a criminal application under Section 482 of ...

High Court

Bombay High Court Quashes FIR Against Advocate and Students in SC/ST Atrocities Case — No Prima Facie Case Under Atrocities Act as Allegations of Caste-Based Insults Not Made in Public View. The court held that the incident occurred inside a private office, not in public view, and thus no offence under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989 was made out.

30 Nov -0001

The judgment pertains to two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR and crimin...

High Court

High Court of Bombay Quashes FIR Against Applicant in Property Fraud Case Due to Lack of Prima Facie Evidence of Conspiracy. Allegations of Forgery and Cheating Fail as Complainant Failed to Show Applicant's Involvement in Fabrication of Documents.

4 Mar 2014

The applicant, Mohammed Zulfekharuddin Siddiqui, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quash...

High Court

Bombay High Court Allows Appeals in Property Dispute Over Injunction Orders — Held That First Appellate Court Erred in Granting Injunction Without Considering Balance of Convenience and Prima Facie Case Under Order 39 Rules 1 and 2 CPC.

4 Mar 2014

The case involves two appeals filed by the appellants against the judgment and order of the First Appellate Court in Regular Civil Appeal Nos. 615/201...

High Court

Bombay High Court Allows Appeal Against Injunction in Specific Performance Suit — No Prima Facie Case for Injunction When Possession Not Delivered Under Agreement. The court held that a plaintiff not in possession under an agreement to sell cannot restrain the owner from constructing on the property.

14 Mar 2014

The appellant, Shankar Govindlal Patwari, was the owner of an open plot bearing CTS No.3238 admeasuring 59.04 square meters within Dhule Municipal Cor...

High Court

Bombay High Court Allows Appeal in Suit for Injunction and Declaration of Ownership — Dispute Over Agricultural Land and Well. Court Holds That an Order Refusing Temporary Injunction Under Order 39 Rules 1 and 2 CPC Is Appealable Under Order 43 Rule 1(r) CPC and That the Trial Court Must Consider Prima Facie Case, Balance of Convenience, and Irreparable Loss.

30 Nov -0001

The appellants, original plaintiffs, filed a suit for declaration of ownership and permanent injunction in respect of agricultural land and a well. Th...

High Court

Bombay High Court Dismisses Petition Seeking Restraint on Movie 'Khairlanji Chya Mathyawar' — No Prima Facie Case for Injunction Against Exhibition of Film Based on True Events. The court held that the petitioners failed to establish a prima facie case for injunction as the movie was based on widely reported true events and the petitioner no.2 had not objected to the portrayal earlier.

21 Feb 2014

The petitioners, Akhil Bhartiya Dhamma Sena (a social organization) and Bhaiyyalal Bhotmange, filed a writ petition seeking restraint orders against r...

High Court

Bombay High Court Quashes FIR Against Company Management in Coercive Resignation Case — No Prima Facie Case of Wrongful Confinement or Criminal Intimidation. Allegations of forced resignation letter signing do not constitute offences under Sections 342 and 506 IPC as essential ingredients of wrongful confinement and criminal intimidation are absent.

20 Feb 2014

The petitioners, management personnel of Diebold India Private Limited and Diebold System Private Limited, filed a Criminal Writ Petition under Articl...

High Court

Bombay High Court Dismisses Plaintiff's Interim Injunction Against DRT Proceedings in Receivables Assignment Dispute. Court holds that civil suit for cancellation of indemnity and hypothecation deeds cannot restrain recovery proceedings before DRT under Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

21 Feb 2014

The Plaintiff, Rentworks India Pvt. Ltd., provided equipment on lease to Subhiksha Trading Services Pvt. Ltd. under a Master Rental Agreement (MRA). D...

High Court

Bombay High Court Dismisses Application to Set Aside Arrest of Foreign Vessel in Admiralty Suit — Plaintiffs' Claim for Supply of Bunkers and Stores Falls Within Admiralty Jurisdiction Under Section 4(1) of the Admiralty Act, 2017.

11 Feb 2014

The plaintiffs, Universal Marine and Ramanand Padiyar, filed an admiralty suit against the vessel M.T. Hartati (a Singapore-flagged vessel) and its ma...

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