Search Results for "prima facie observation"

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Search Results for "prima facie observation"

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High Court

High Court Quashes Criminal Proceedings Against Employees of Financial Institution in Loan Impersonation Case Due to Absence of Specific Allegations and Abuse of Process. Proceedings under Sections 418, 419, 420, 465, 468, 467, 474, 120B read with 34 IPC quashed as charge-sheet lacked specific criminal role attributed to the petitioners, who were merely performing their official loan-processing duties.

22 Feb 2021

The case arose from a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash proceedings against three employee...

High Court

High Court of Karnataka Quashes Appointment of Court Commissioner in Partition Suit — Trial Court Failed to Record Satisfaction That Commissioner Was Necessary for Just Decision Under Order 26 Rule 10 CPC. The Court Remitted the Matter for Fresh Consideration, Holding That the Power Under Order 26 Rule 10 CPC Must Be Exercised Judiciously and Only When Necessary for a Just Decision.

9 Jul 2026

The petitioner, Sri Shivanna, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 17.02.2022 passed by the...

High Court

High Court of Karnataka Initiates Suo-Motu Criminal Contempt Proceedings in ISKCON Property Dispute – Judge's Integrity Questioned via Anonymous Letter. Court Holds that Sending Photographs with Inflammatory Captions Amounts to Blackmail and Scandalizing the Court, Prima Facie Contempt Under Section 2(c) of Contempt of Courts Act, 1971.

16 Apr 2015

The High Court of Karnataka initiated suo-motu criminal contempt proceedings against certain individuals associated with ISKCON and advocates, arising...

High Court

High Court of Karnataka Allows Revision Petition and Discharges Accused in Corruption Case — No Prima Facie Evidence of Abetment. Petitioner, a friend of the main accused, was charged under Sections 13(1)(d), 13(1)(e) r/w 13(2) of Prevention of Corruption Act and Section 109 IPC for allegedly helping to legalize illegal money by paying Rs.25 lakhs for the daughter's medical course; court found no material to show abetment or conspiracy.

20 Dec 2024

The petitioner, Dr. Mohankumar M., was arraigned as accused No.4 in Spl.C.C.No.656/2021 before the XXIII Addl. City Civil and Sessions Judge and Speci...

High Court

Karnataka High Court Directs Further Investigation in Attempt to Murder Case with Sexual Assault Allegations, Finds Investigation Lacunae. The Court highlights gross deficiencies in the police probe, including failure to add attempt to rape charges under Section 376/511 IPC despite victim's cogent allegations and medical evidence.

29 Jul 2026

The petitioner, a victim of an alleged brutal assault, approached the High Court of Karnataka under Article 226 of the Constitution read with Section ...

High Court

Bombay High Court Allows Writ Petition Challenging Appellate Order in Property Dispute — Interim Injunction Restored Pending Suit. The court held that the appellate court exceeded its jurisdiction by reversing the trial court's grant of interim injunction without finding perversity, and restored the status quo ante.

14 Aug 2020

The petitioners, Vishnu Anant Dessai and his wife, filed a suit in 2015 seeking declaration that a sale deed executed in 2014 by the vendor (responden...

High Court

Bombay High Court Grants Bail to Accused in MCOC Act Case Due to Lack of Prima Facie Evidence of Organised Crime and Prolonged Incarceration. The court held that the prosecution failed to establish a prima facie case under Sections 3(1)(ii), 3(2), and 3(4) of the Maharashtra Control of Organised Crime Act, 1999, and that the applicant's continued detention would violate his right to speedy trial.

18 Apr 2024

The applicant, Sunil Ashok Kondugale, filed a regular bail application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) before the Bom...

Supreme Court

Supreme Court Dismisses Appeal Against Framing of Charges in Sexual Assault Case — Reiterates Limited Scope of Section 227/228 CrPC at Charge-Framing Stage

19 Aug 2019

The Supreme Court dismissed the appeal filed by Tarun Jit Tejpal against the judgment of the Bombay High Court at Goa, which had refused to discharge ...

High Court

Bombay High Court Allows Appeal in Commercial Dispute, Directs Security for Full Claim Amount Under Order 38 Rule 5 CPC. The court held that the plaintiff had made out a prima facie case for attachment before judgment for the entire claim, as the defendant had refused to accept goods and was attempting to alienate property.

17 Apr 2013

The appellant, Herald Engineers, filed a suit against Wonderpack Industries Pvt Ltd and another respondent for recovery of Rs.40,36,567/-. The suit wa...

High Court

Karnataka High Court Upholds Labour Court Order Holding Res Judicata Applies to Finding on Fairness of Domestic Enquiry Under Section 33(2)(b) of Industrial Disputes Act. The finding recorded in an approval proceeding under Section 33(2)(b) on the issue of whether the domestic enquiry was fair and proper operates as Res Judicata in a subsequent challenge to the dismissal before the Labour Court.

8 Jul 2025

The petitioner, Fouress Engineering Karmika Sangha, a trade union representing three workmen (K. Muniyappa, K. Chandrashekar, and G. Krishnamurthy), c...

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