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 Charge Sheet in Criminal Petition Under Section 482 CrPC — Allegations of Unlawful Assembly and Trespass Found Baseless. Court holds that continuation of proceedings would be an abuse of process of law as no prima facie case is made out against the petitioners.

8 Jul 2022

The petitioners, five individuals, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of the ...

High Court

High Court of Karnataka Upholds Discharge of Accused in Corruption Case for Disproportionate Assets — Lack of Sanction and Incomplete Investigation. Trial Court's order of discharge under Section 13(1)(e) r/w 13(2) of Prevention of Corruption Act, 1988 upheld as prosecution failed to establish prima facie case due to absence of valid sanction and incomplete check period.

15 Jul 2022

The State of Karnataka, through the Lokayukta Police, filed a criminal revision petition under Section 397 r/w 401 of the Code of Criminal Procedure, ...

High Court

High Court of Karnataka Dismisses University's Appeal Against Single Judge Order in Service Dispute — Upholds Interim Relief to Professor Regarding Appointment as Head of Department. The Division Bench held that an appeal against an interim order is not maintainable unless the order is perverse or without jurisdiction, and the Single Judge had correctly applied the principles of prima facie case, balance of convenience, and irreparable injury.

24 Jun 2022

The case involves two writ appeals arising from an interim order passed by a learned Single Judge of the Karnataka High Court in Writ Petition No.1009...

High Court

High Court Grants Bail to Accused No.21 in KCOCA Case Due to Lack of Prima Facie Evidence of Conspiracy and Long Incarceration. The court held that mere association with co-accused without specific overt acts does not constitute conspiracy under Section 120B IPC, and prolonged detention without trial violates Article 21.

30 Jun 2022

The petitioner, Mahantesh, was accused No.21 in Crime No.72/2020 of Gokak Town Police Station, registered for offences under Sections 109, 115, 166, 2...

High Court

High Court of Karnataka Dismisses University's Appeal Against Single Judge Order in Service Matter — Interim Relief Granted to Teachers Upheld. Court holds that the principle of natural justice and the right to be heard must be observed before reverting teachers from in-charge positions, and that the University's action was arbitrary and violative of Article 14 of the Constitution.

14 Jul 2022

The present appeals arise out of an interim order dated 04.12.2021 passed by a learned Single Judge of the High Court of Karnataka in W.P. No. 104236/...

High Court

High Court of Karnataka Grants Bail to Accused in Murder Case Under SC/ST Act — Prima Facie Case Not Made Out for Offence Under Section 3(2)(v) of SC/ST (POA) Act, 1989. Court Held That Caste-Based Discrimination Must Be Intentionally Proven, Not Merely Alleged, and Personal Quarrel Does Not Attract Atrocity Provisions.

21 Jun 2022

The judgment concerns three criminal appeals filed under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,...

High Court

Bombay High Court Grants Anticipatory Bail to Accused in Unlawful Assembly and Rioting Case — No Prima Facie Case of Murder Made Out. Court Held That Section 302 IPC Is Not Attracted as There Was No Common Intention to Kill and the Death Was Caused by a Single Blow During a Sudden Fight.

30 Nov -0001

The judgment pertains to three criminal applications filed under Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail in con...

High Court

Bombay High Court Dismisses Writ Petition Challenging Temporary Injunction in Property Dispute — Sale During Pendency of Suit Held Subject to Lis Pendens. The Court upheld the concurrent findings of the trial and appellate courts that the purchasers failed to establish a prima facie case for injunction as the sale was hit by lis pendens under Section 52 of the Transfer of Property Act, 1882.

28 Nov 2013

The petitioners, Manoj Ratilalbhai Chouhan and his wife Rajashri, filed a suit for declaration of ownership and permanent injunction in respect of Sho...

High Court

Bombay High Court Allows Discharge of Accused in Railway Property Case Due to Lack of Evidence of Knowledge. Possession of railway property without proof of knowledge or reason to believe it is railway property does not attract Section 3(a) of Railway Property (Unlawful Possession) Act, 1966.

22 Nov 2013

The petitioner, Bhagwat Rajaram Patil, was the owner of a rolling mill at Manyarkheda, Jalgaon. On 18 July 1999, the Railway Protection Force (RPF) co...

High Court

Bombay High Court Allows Development Work in Specific Performance Suit Based on Oral Agreement — Interim Injunction Granted to Protect Plaintiff's Possession and Development Rights Pending Trial. The Court held that the Plaintiffs had made out a strong prima facie case for specific performance of an oral agreement for sale of an undivided share in immovable property, and the balance of convenience favoured granting interim relief to carry out development work.

11 Nov 2013

The Plaintiffs, Man Chandak Developers Pvt. Ltd., filed a suit for specific performance of an oral agreement entered into with late Shri Mangilal Gula...

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