Search Results for "prima facie case"

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Search Results for "prima facie case"

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Supreme Court

Supreme Court Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 — Search Conducted Without Informing Right to be Searched Before a Magistrate or Gazetted Officer. Non-compliance with Section 50 of the NDPS Act renders the search illegal, and the accused is entitled to bail under Section 37 as there is no prima facie case.

4 May 2023

The appellant, Atulbhai Vithalbhai Bhanderi, was convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for possession of...

Supreme Court

Supreme Court Sets Aside High Court's Suspension of Life Sentence in Murder Case — Bail Granted Without Proper Application of Mind. High Court Failed to Consider Seriousness of Offence and Prima Facie Guilt Under Section 302 IPC.

2 May 2023

The appellant, Omprakash Sahni, brother of the deceased Manish Kumar, filed appeals against a common order of the Patna High Court suspending the life...

Supreme Court

Supreme Court Allows Appeal in Murder Case — High Court Exceeded Jurisdiction by Conducting Mini Trial at Discharge Stage. Psychological Profiling Evidence Constitutes Sufficient Material to Frame Charges Under Section 302 IPC.

18 May 2023

The case arises from FIR No. 46 of 2006 registered at Lonawala City Police Station for the murder of Manmohan Singh Sukhdev Singh Virdi, whose body wa...

Supreme Court

Supreme Court Allows Appeal Under Section 319 CrPC for Summoning Additional Accused in Murder Case — Evidence of Eye Witness Sufficient to Proceed Against Persons Named in FIR but Not Chargesheeted. The Court restored the trial court's order summoning three persons as accused based on the complainant's examination-in-chief.

1 Jan 2023

The appellant, Sandeep Kumar, was the informant and a prosecution witness (PW-9) in Sessions Trial No.8/2018 pending before the Additional Sessions Ju...

High Court

High Court of Karnataka Sets Aside Discharge Order in Corruption Case — Lokayuktha Police v. G. Ramachari. Trial Court's Discharge Order Under Section 227 Cr.P.C. Set Aside as It Failed to Consider Prima Facie Evidence of Demand and Acceptance of Bribe Under Prevention of Corruption Act, 1988.

6 Dec 2024

The State of Karnataka, through the Lokayuktha Police, filed a criminal revision petition challenging the order dated 16.11.2016 passed by the Princip...

Supreme Court

Supreme Court Quashes Criminal Complaint Against Drug Trader for Lack of Prima Facie Offence Under Drugs and Cosmetics Act — Pyridoxal-5-Phosphate Held to Be Food Supplement Not Exclusively a Drug.

1 Jan 2022

The Supreme Court allowed the appeal filed by Hasmukhlal D. Vora and another against the State of Tamil Nadu, quashing the criminal complaint against ...

High Court

High Court of Karnataka Allows Revision Petition, Discharges Accused in Land Grabbing Case Due to Lack of Prima Facie Evidence. Court holds that mere revenue inspector report without verification of title deeds cannot sustain charges under Section 420 IPC and Section 192-A of Karnataka Land Revenue Act.

20 Dec 2024

The petitioner, Sri Chennakeshava, filed a criminal revision petition under Section 397 read with 401 of the Code of Criminal Procedure, 1973, challen...

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

High Court of Karnataka Allows Appeal in Property Dispute — Restrains Interference and Construction Pending Suit. Prima facie case established regarding joint family property and partnership firm rights under Order 39 Rules 1 and 2 CPC.

13 Dec 2024

The appellants, Mr. Parth Ghorpade and Mr. Sarvajeet Ghorpade, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) read with Section 151 of th...

High Court

High Court of Karnataka Sets Aside Ex Parte Temporary Injunction in Membership Dispute — Trial Court Failed to Record Satisfaction of Prima Facie Case, Balance of Convenience, and Irreparable Injury Under Order 39 Rules 1 and 2 CPC. The Court Remanded the Matter for Fresh Hearing After Finding That the Trial Court Did Not Comply With Order 39 Rule 3 CPC Requiring Reasons for Dispensing With Notice.

20 Dec 2024

The appellant, Bowring Institute, challenged an order dated 22.11.2024 passed by the 41st Additional City Civil and Sessions Judge, Bengaluru, in O.S....

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