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Search Results for "prima facie case"

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Supreme Court

Supreme Court Allows Appeal in POCSO Case — Summoning Under Section 319 CrPC Set Aside for Lack of Strong Evidence. Identification of Accused Based on Spectacles and Subsequent Improvement in Victim's Statement Held Insufficient to Exercise Discretionary Power Under Section 319 CrPC.

17 Oct 2019

The case involves an appeal against an order of the High Court of Uttarakhand upholding the summoning of the appellant under Section 319 of the Code o...

Supreme Court

Supreme Court Allows Appeal of Accused No. 4 in Property Dispute Case — Quashes Criminal Proceedings for Lack of Prima Facie Case. Lease Deed Based on Registered Document Does Not Attract Criminal Liability Without Evidence of Conspiracy Under Section 482 CrPC.

20 Aug 2019

The Supreme Court dealt with two sets of appeals arising from a common High Court order dated 01.06.2017. The complainant, Fatima Hasna, filed a priva...

Supreme Court

Supreme Court Upholds Discharge of Accused in Abetment to Suicide Case — Calling a Woman 'Call-Girl' Does Not Constitute Instigation Under Section 306 IPC. The court held that abusive words without intent to cause suicide do not amount to abetment, and the suicide was not proximate to the incident.

18 Oct 2019

The State of West Bengal appealed against the High Court's order discharging the respondents-accused from the charge under Section 306 read with Secti...

Supreme Court

Supreme Court Dismisses Union of India's Appeal Against Quashing of General Court Martial Against Retired Army Officer in Procurement Irregularities Case. No Prima Facie Case Made Out as Evidence Lacked Intent to Defraud and Actions Were Within Authority's Discretion.

27 Nov 2019

The Union of India appealed against the judgment of the Armed Forces Tribunal, Principal Bench, New Delhi, which quashed the order convening a General...

Supreme Court

Supreme Court Allows Appeal Against Quashing of Criminal Proceedings in Abetment of Suicide Case — High Court Erred in Appreciating Section 161 CrPC Statements at Quashing Stage. Prima Facie Case Under Section 306/34 IPC Made Out Based on Allegations of Harassment and Threat Leading to Suicide.

11 Feb 2020

The Supreme Court allowed an appeal against the High Court of Madhya Pradesh's order quashing criminal proceedings against Respondent Nos.1 to 3 under...

Supreme Court

Supreme Court Sets Aside Injunction in Specific Performance Suit Due to Lack of Prima Facie Case and Delay. The Court held that the plaintiff failed to establish a strong prima facie case of a concluded contract under the Specific Relief Act, 1963, and the unexplained delay of over 7 months in filing the suit weighed against grant of temporary injunction.

6 Jan 2020

The Supreme Court of India heard appeals against a common order of the Gujarat High Court affirming a temporary injunction granted by the trial court ...

Supreme Court

Supreme Court Restores Charges Against Retired Bank Official in CBI Corruption Case — Prima Facie Evidence of Criminal Conspiracy and Abuse of Official Position. The Court held that the High Court erred in discharging the accused at the pre-charge stage despite material indicating dishonest intention and violation of banking norms under the IPC and Prevention of Corruption Act.

5 Dec 2019

The Supreme Court allowed the appeal filed by the Station House Officer, CBI/ACB/Bangalore, against the judgment of the High Court of Karnataka which ...

Supreme Court

Supreme Court Allows Appeal in Gram Panchayat Election Dispute — Recounting Ordered Due to Irregularities in Vote Counting. The Court held that the Division Bench of the High Court erred in setting aside the recounting order without examining the evidence, as the Election Tribunal and Single Judge had properly found a prima facie case for recounting under the Bihar Panchayat Election Rules, 2006.

31 Jan 2020

The appeal arose from a Gram Panchayat election for the post of Mukhia held on 6 May 2016. The appellant, Chandeshwar Saw, and respondent No. 1, Brij ...

Supreme Court

Supreme Court Allows Appeal Against High Court's Direction to Frame Additional Charges Under Sections 406 and 420 IPC. High Court Exceeded Revisional Jurisdiction by Evaluating Evidence at Charge-Framing Stage Under Section 216 CrPC.

21 Jan 2020

The appeal arose from a judgment of the High Court of Andhra Pradesh which allowed a revision petition filed by the fourth respondent (father-in-law o...

Supreme Court

Supreme Court Allows Appeal of Mother in Dowry Death Case — Restores Summoning of Husband Under Section 319 CrPC. High Court Erred in Reappreciating Evidence at Summoning Stage; Prima Facie Case Exists Based on Circumstantial Evidence Including Sole Presence of Husband, Hasty Burial, and Injuries on Deceased.

20 Sep 2019

The appeal arises from a judgment of the Allahabad High Court which set aside an order of the trial court summoning the second respondent (husband of ...

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