Search Results for "Prima Facie"

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Supreme Court Upholds Cancellation of Select List for Constable Recruitment Due to Irregularities. Recruitment Process Cancelled Due to Violation of Reservation Policy and Lack of Fair Representation – Supreme Court Reiterates Doctrine of Proportionality and Wednesbury Unasonableness

The doctrine of Proportionality: The Court held that the decision to cancel the entire recruitment process was proportionate to the gravity of the irr...

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Property Dispute – Sale Deed Interpretation – Injunction and Ownership Rights

The Supreme Court emphasized the importance of documentary evidence, proper interpretation of sale deeds, and adherence to factual findings when evalu...

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Supreme Court Sets Aside Convictions in Workplace Electrocution Case – Appellants Discharged

Safety Measures and Employer Liability – Apex Court Emphasizes Absence of Prima Facie Case Under Indian Penal Code, 1860 a) The essential ingredien...

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Supreme Court upheld the summoning of additional accused post-trial conclusion, emphasizing the High Court’s revisional powers and the necessity of fresh trials to ensure justice.

Criminal Procedure Code, 1973 — Section 319 — Summoning of Additional Accused Post-Trial Conclusion Held Valid — Reiteration of Revi...

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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

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Supreme Court Restores Recount of Votes in Gram Pradhan Election Dispute. Upholding the Sanctity of Electoral Process – Recount Ordered for Disputed Polling Booths

(a) Electoral integrity and fairness are paramount to democratic principles (Para 14). (b) Discrepancy in vote count and missing election documents j...

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Bombay High Court Quashed Order of Injunction due to Prejudice Caused by Delayed Judgment Pronouncement

Commercial Courts Act, 2015 – Delay in Pronouncement of Judgment – Principles of Prompt Delivery of Justice – Prejudice to Appellant’s Rights ...

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Bombay High Court Grants Interim Injunction in Favor of Hygienic Research Institute, Restraining Defendants from Using “STREAK Street” Mark Deceptively Similar to Plaintiff’s Registered Trademark “STREAX”

Trademark Infringement and Passing Off of “STREAX” vs. “STREAK Street” The Bombay High Court, granted interim reliefs in favor of the plainti...

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Bombay High Court Quashed FIR and Proceedings in Special Case No.52/2020 Against Applicant – Held FIR Lacked Prima Facie Case and Sanction Under Section 196(1A) of the Code of Criminal Procedure, 1973 Was Not Obtained

The Court Held That the Criminal Proceedings Were Manifestly Attended With Mala Fide and Instituted With Ulterior Motive – No Sufficient Evidence to...