Search Results for "prima facie case"

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Search Results for "prima facie case"

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Supreme Court

Supreme Court Dismisses Appeal Against Discharge of Police Officials in Criminal Case Due to Lack of Prima Facie Evidence. The Court upheld the High Court's decision affirming the Sessions Court's discharge order under Section 227 of the Code of Criminal Procedure, 1973, finding insufficient material to frame charges for offences under Sections 147, 323, 342, 504, and 506B of the Indian Penal Code, 1860.

12 Apr 2023

The dispute originated from a private complaint filed by the original appellant (complainant) under Section 200 of the Code of Criminal Procedure, 197...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Unreliable Evidence and Unexplained Police Presence. Conviction Under Sections 147, 148, 447, 323, 302, 149 IPC Set Aside as Prosecution Failed to Prove Charges Beyond Reasonable Doubt with Inconsistent Witness Testimonies and Sketchy FIR.

28 Mar 2023

The dispute arose from a murder case where 13 accused were alleged to have formed an unlawful assembly and killed Pradip Phukan on June 13, 1989, in D...

Supreme Court

Supreme Court Grants Bail to Accused in NDPS Act Case Due to Prolonged Incarceration and Right to Speedy Trial. The court held that prolonged incarceration without trial violates Article 21 of the Constitution, justifying bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, despite strict bail conditions.

28 Mar 2023

The dispute involved an appellant accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, seeking bail after prolonged incarceration. ...

Supreme Court

Supreme Court Quashes Summoning Order Against Bank Clerk in Embezzlement Case Due to Insufficient Evidence Under Section 319 CrPC. The Court Held That Mere Supply of a Dim Account Statement by a Clerk Without Transaction Authority Does Not Constitute Strong and Cogent Evidence Required for Summoning Additional Accused Under Section 319 of the Code of Criminal Procedure, 1973.

16 Mar 2023

The dispute arose from an FIR lodged by a complainant alleging embezzlement of ₹55,20,000 from his bank account, with no accused named initially. Af...

Supreme Court

Supreme Court Sets Aside High Court's Quashing of FIR in Corruption Case Due to Incorrect Legal Test. Investigation Must Proceed as FIR Discloses Cognizable Offence Based on Suspicion Under Prevention of Corruption Act, 1988 and Indian Penal Code, 1860.

1 Mar 2023

The dispute arose from a complaint lodged by Uchit Sharma against Aman Singh, a former Principal Secretary to the Chief Minister of Chhattisgarh, and ...

Supreme Court

Supreme Court Allows Appeal in Section 319 CrPC Case, Setting Aside High Court's Remand Order. Trial Court's Dismissal of Summoning Application Upheld as Evidence Was Insufficient to Meet the Stringent Threshold for Exercising Discretionary Power Under Section 319 of Code of Criminal Procedure, 1973.

1 Mar 2023

The appeal challenged the Allahabad High Court's order dated 16.05.2017 which had quashed the Trial Court's order dated 15.03.2017 and remanded the ma...

Supreme Court

Supreme Court Allows Victim's Appeal for Further Investigation in Criminal Case Involving Influential Minister. The court directed further investigation under Section 173(8) CrPC due to admitted lapses by the State, holding that commencement of trial and framing of charges are not absolute impediments to ensuring fair investigation.

24 Feb 2023

The appeal arose from a High Court judgment dismissing a writ petition filed by the victim seeking transfer of investigation to the Central Bureau of ...

Supreme Court

Supreme Court Sets Aside High Court Order in Lokayukta Case, Upholds Statutory Power to Direct Preliminary Inquiry by State Agency. The Court Held That Section 20(1) of the Odisha Lokayukta Act, 2014 Permits the Lokayukta to Order a Preliminary Inquiry by Any Agency, Including the Directorate of Vigilance, to Ascertain a Prima Facie Case, and Judicial Interference at This Stage Was Unwarranted.

23 Feb 2023

The dispute arose from a complaint dated 9th December 2020 by a Deputy Superintendent of Police alleging corruption against an elected Member of the L...

Supreme Court

Supreme Court Quashes Summoning of Additional Accused in Dowry Death Case Under Section 319 CrPC Due to Insufficient Evidence. The Court held that power under Section 319 CrPC requires more than prima facie evidence and strong cogent evidence indicating involvement, which was lacking as allegations were general and vague without specific role attribution.

21 Feb 2023

The Supreme Court addressed a criminal appeal arising from a High Court order summoning appellants as additional accused under Section 319 CrPC in a d...

Supreme Court

Supreme Court Allows Wife's Appeal Against DNA Test Order in Divorce Case, Upholding Marital Presumption of Paternity. The Court Held That the Presumption Under Section 112 of the Indian Evidence Act, 1872, Cannot Be Rebutted by DNA Evidence Alone Without Proof of Non-Access, Protecting the Child's Legitimacy and Privacy Rights.

20 Feb 2023

The dispute arose from a divorce petition filed by the husband under Sections 13(1)(i) and (ia) of the Hindu Marriage Act, 1955, alleging adultery by ...

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