Search Results for "prima facie case"

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Search Results for "prima facie case"

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High Court

High Court of Karnataka Quashes Proceedings in Cheque Bounce Case Involving Rs. 2 Crore Cash Loan — Finds Complaint Barred by Limitation and Lacks Prima Facie Case Under Section 138 NI Act. The court held that the complaint was an abuse of process as the transaction was improbable and the complaint was filed beyond the limitation period.

17 Feb 2022

The petitioner, Smt. Vijaya, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of proceedings in C...

High Court

High Court of Karnataka Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act. The court held that failure to inform the accused of his right to be searched before a Gazetted Officer or Magistrate under Section 50 of the NDPS Act vitiates the seizure and entitles the accused to bail.

2 Feb 2022

The petitioner, Joswin Lobo, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in Crime No.224...

High Court

High Court of Karnataka Allows Discharge of Accused in SC/ST Act Case Due to Lack of Prima Facie Evidence. Caste-Based Insult Allegation Fails as Incident Occurred in Private Setting, Not in Public View Under Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC & ST (Prevention of Atrocities) Act, 1989.

18 Jan 2022

The petitioners, eight individuals, filed a criminal revision petition under Section 397 read with 401 Cr.P.C. challenging the order dated 03.10.2018 ...

High Court

Bombay High Court Dismisses Insurance Company's Appeal Against Interim Award Under Section 140 Motor Vehicles Act — Prima Facie Case Sufficient for Interim Compensation. The Court Held That Insurance Company Must Pay Interim Award Despite Possible Defences, With Liberty to Recover From Owner/Driver if Exonerated at Final Hearing.

20 Dec 2013

The appeal was filed by The Oriental Insurance Co. Ltd. challenging an interim award dated 17.6.2013 passed by the Motor Accident Claims Tribunal-2, N...

High Court

Bombay High Court Allows Partition Suit by Son of Predeceased Daughter in Hindu Succession Case — Daughter's Son Entitled to Share in Self-Acquired Property Under Section 8 of Hindu Succession Act, 1956. The court restored the trial court's injunction, holding that the appellate court erred in dismissing the injunction application without considering the plaintiff's claim as a Class I heir.

10 Dec 2013

The petitioner, Ravindra Ganeshlal Agrawal, filed a suit for partition and separate possession against the respondents, who are the sons of Kundanlal ...

High Court

Bombay High Court Allows Appeal in MOFA Act Dispute Over Carpet Area Representation — Interim Injunction Granted to Protect Purchaser's Rights Pending Trial. The court held that the purchaser had made out a prima facie case and balance of convenience favoured grant of injunction to protect the subject matter of the suit under the Maharashtra Ownership of Flats Act, 1963.

11 Dec 2013

The appellants, Mrs. Sarika Paresh Mehta and Mr. Paresh Ratilal Mehta, original plaintiffs, entered into an agreement with the respondent, ERA Realtor...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Injunction in Trade Secrets Misuse Case — Employee's Use of General Knowledge and Skills Not Restrainable Without Specific Agreement. The court held that mere averments of misuse of trade secrets are insufficient and an ex-employer cannot prevent an employee from using general knowledge, skill, and experience after resignation.

11 Dec 2013

The appellant, Durocrete Construction Quality Rating Agency Pvt. Ltd., filed an appeal against the order dated 19 July 2012 passed by the 5th Addition...

High Court

Bombay High Court Dismisses Petition for Right of Way in Property Dispute — No Easement by Necessity or Prescription Established. Plaintiffs failed to prove exclusive right of way over suit property as they had alternative access and no evidence of continuous, uninterrupted user for 20 years under Section 15 of the Indian Easements Act, 1882.

13 Dec 2013

The petitioners, Dasharath Bhaguji Jadhav and his sons, filed a writ petition under Article 227 of the Constitution of India challenging an order date...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Status Quo in Property Dispute. Trial court's refusal to continue interim protection upheld as plaintiff trust failed to establish prima facie case for injunction.

20 Dec 2013

The appellants, Shree Vardhaman Sthanakvasi Jain Shravak Sangh – Dadar, a trust, filed a suit against the Municipal Corporation of Greater Mumbai, i...

High Court

Bombay High Court Allows Appeal Against Rejection of Interim Relief in Suit for Cancellation of Sale Deed Based on Fraudulent Power of Attorney. The court held that revocation of power of attorney prior to sale deed execution renders the sale voidable and the plaintiff is entitled to interim protection of possession.

12 Dec 2013

The appellant, Surekha Sakharam Washiwale, filed a suit for cancellation of a sale deed dated 11 October 2011, alleging that the respondents fraudulen...

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