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 Appeal Against Refusal of Temporary Injunction in Property Dispute Based on Unregistered Will. Court holds that an unregistered Will cannot establish a prima facie case for injunction under Order 39 Rules 1 and 2 CPC when possession is with the respondents.

30 Nov -0001

The present appeal arises from an order passed by the Civil Judge, Senior Division, Ponda, in an application for temporary injunction under Order 39 R...

High Court

Bombay High Court Dismisses Appeals Against Injunction in Property Dispute. Court Upholds Trial Court's Order Restraining Alienation of Property Pending Suit Under Order 39 Rules 1 and 2 CPC.

30 Nov -0001

The judgment arises from two appeals filed against an order of the Civil Judge, Senior Division, Ponda, granting temporary injunction in favor of the ...

High Court

Bombay High Court at Goa Allows Revision, Quashes Charge of Attempt to Rape Under Section 376/511 IPC — Prima Facie Case Not Made Out as Evidence Falls Short of Attempt. The court held that the material on record did not disclose a prima facie case of attempt to commit rape, only preparation, and thus the charge under Section 376/511 IPC was unsustainable.

10 Nov 2006

The case involves a criminal revision application filed by the accused, Vilas Bablo K. Naik, challenging an order dated 8-9-2006 passed by the learned...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Injunction in MMRDA Demolition Dispute. Appellant Failed to Establish Prima Facie Case for Interim Relief Against Demolition Orders Under MMRDA Act.

23 Nov 2006

The appellant, Prakash Harishchandra Muranjan, filed a suit in the City Civil Court, Greater Mumbai, challenging twenty-seven orders/letters dated 13....

High Court

High Court of Karnataka Grants Anticipatory Bail to Accused in Attempt to Murder Case — Prima Facie Case Not Made Out Against Petitioners. Court Allows Anticipatory Bail Under Section 438 Cr.P.C. for Offences Under Sections 307, 143, 147, 148, 323, 324, 448, 427, 504, 506 r/w 149 IPC.

7 Jul 2023

The petitioners, four individuals including members of Halakundi Gram Panchayat, filed a criminal petition under Section 438 of the Code of Criminal P...

High Court

High Court of Karnataka Allows Bail to Juvenile in POCSO and SC/ST Act Case — Emphasizes Prima Facie Case Requirement for Bail Denial Under Juvenile Justice Act. The court set aside the orders of the Juvenile Justice Board and Appellate Court denying bail to a 16-year-old juvenile accused of taking video of sexual assault, holding that the Board failed to record the required satisfaction under Section 12 of the Juvenile Justice Act.

11 Jul 2023

The petitioner, a 16-year-old juvenile (CCWL-4), filed a criminal revision petition under Section 102 of the Juvenile Justice (Care and Protection of ...

High Court

High Court of Karnataka Allows Appeal Against Dismissal of Attachment Before Judgment in Property Dispute — Order 38 Rule 5 CPC. The court held that the trial court erred in dismissing the application for attachment before judgment as the appellants had made out a prima facie case and the respondent was likely to dispose of the property.

7 Jul 2023

The appellants, who are the plaintiffs in O.S.No.160/2021, filed a suit seeking specific performance of a sale agreement dated 05.11.2018 executed by ...

High Court

High Court of Karnataka Allows Appeal Against Injunction Order in Property Dispute — Appellants' Right to Use Property Not Barred by Limitation or Acquiescence. Court holds that temporary injunction cannot be granted based on mere possession without clear legal right and that delay in filing suit does not automatically disentitle relief if substantial rights are involved.

28 Jul 2023

The case involves an appeal filed by the defendants/appellants against an order dated 01.03.2023 passed by the III Additional City Civil and Sessions ...

High Court

High Court of Karnataka Upholds Injunction Against Former Employee for Defamatory Social Media Posts — Balance of Convenience Favors Plaintiff Company. Former Employee Restrained from Making Defamatory Statements Against Employer on Social Media Under Order 39 Rules 1 and 2 CPC.

14 Jul 2023

The appellant, Mr. Arnaud Descamps, a former employee of OnMobile Global Limited (respondent), was employed from 09.01.2007 to 12.04.2013. The respond...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Medical Shop Employees in NDPS Case — No Prima Facie Case of Conscious Possession. Petitioners, being employees of a medical store, were not in conscious possession of contraband found in a vehicle driven by another accused, and their mere presence at the scene does not attract Section 20(b)(ii)(B) of the NDPS Act, 1985.

16 Jun 2023

The petitioners, accused Nos. 2, 3, and 4, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to quash...

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