Search Results for "prima facie case"

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Search Results for "prima facie case"

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Supreme Court

Supreme Court Allows Appeal Against High Court's Partial Quashing of FIR - Investigation Must Proceed for All Offences Including Sections 392, 395, 397 IPC

15 Mar 2019

The appeal arose from a judgment of the Gujarat High Court which partly quashed an FIR registered as ICR No. 67 of 2017 at Gaekwad Haveli Police Stati...

Supreme Court

Supreme Court Sets Aside Orders Rejecting Summoning of Additional Accused Under Section 319 CrPC — Remands for Fresh Consideration. The Court held that the Trial Court and High Court failed to properly apply the principles of Section 319 CrPC, which requires the court to ensure that real culprits are not left unpunished, and directed fresh consideration of the application to summon additional accused persons.

15 Mar 2019

The appeal arises from a criminal revision where the complainant challenged the rejection of his application under Section 319 CrPC to summon addition...

Supreme Court

Supreme Court Allows Appeal and Restores Developer as Party in Consumer Complaint Under RERA — Deletion Order Set Aside Due to Prima Facie Connection with Project. The Court held that the definition of 'promoter' under Section 2(zk) of the Real Estate (Regulation and Development) Act, 2016 includes both the entity constructing and the entity selling apartments, and deletion at preliminary stage is not warranted if there is prima facie material showing connection.

25 Mar 2019

The Supreme Court allowed the appeal filed by the Association for Consumer Welfare and Aid against the order of the National Consumer Disputes Redress...

Supreme Court

Supreme Court Allows State Appeal Against Discharge in Abetment to Suicide Case — Dying Declaration and Prior Complaints Constitute Prima Facie Evidence. The Court restored charges under Section 306 IPC and Section 3(2)(V) of SC/ST Act, holding that the High Court exceeded its revisional jurisdiction by re-appreciating evidence at the charge-framing stage.

13 Mar 2019

The State of Madhya Pradesh appealed against the High Court's order discharging the respondent, Deepak, from charges under Section 306 of the Indian P...

Supreme Court

Supreme Court Allows State Appeal Against Discharge in Abetment of Suicide Case — Dying Declaration and Prior Complaints Constitute Prima Facie Evidence. The Court held that the High Court exceeded its revisional jurisdiction under Section 397 CrPC by discharging the accused at the charge-framing stage despite the existence of a dying declaration and multiple complaints indicating harassment.

1 Mar 2019

The State of Madhya Pradesh appealed against the High Court's order discharging the respondent, Deepak, from charges under Section 306 of the Indian P...

Supreme Court

Supreme Court Grants Anticipatory Bail to Former Police Officer in 29-Year-Old Murder Case. Court holds that custodial interrogation not required when appellant cooperates with investigation and no direct evidence links him to murder.

8 Sep 2020

The Supreme Court considered an appeal against the dismissal of an anticipatory bail application by the High Court of Punjab and Haryana. The appellan...

Supreme Court

Supreme Court Dismisses Appeal Against Refusal to Discharge Accused in Fake Currency Case. Prima Facie Evidence of Involvement Found Sufficient for Trial Under Sections 489B and 489C IPC.

24 Apr 2019

The appellant, Dipakbhai Jagdishchandra Patel, was implicated in a case involving the possession and sale of counterfeit Saudi Arabian Riyal currency ...

Supreme Court

Supreme Court Quashes Complaint Against In-Laws in Dowry Harassment Case for Lack of Prima Facie Case. Allegations in Complaint Did Not Constitute Any Offence Under Sections 498A, 323, 504, 506 IPC and Section 3/4 DP Act Against the Appellants.

5 Apr 2019

The Supreme Court allowed an appeal against the High Court's order declining to quash a complaint filed by a wife against her in-laws. The respondent ...

Supreme Court

Supreme Court Allows Appeal Against Discharge from Section 307 IPC Charge — Medical Reports Prima Facie Show Attempt to Murder. Courts Below Erred in Appreciating Evidence at Charge Framing Stage; Charge Must Be Framed Under Section 307 IPC.

15 Apr 2019

The appeal arose from a criminal revision filed by the complainant, Bihari Lal, against the order of the High Court of Rajasthan at Jodhpur, which aff...

Supreme Court

Supreme Court Allows Appeal, Restores Magistrate's Cognizance Order in Complaint Case Under Sections 323, 379 IPC. High Court Erred in Quashing Complaint Based on Civil Dispute and Appreciating Evidence Under Section 482 CrPC.

15 Apr 2019

The appellant, Md. Allauddin Khan, filed a complaint against respondent Nos. 2 and 3 alleging offences under Sections 323, 379 read with Section 34 of...

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