Search Results for "prima facie case"

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Search Results for "prima facie case"

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Supreme Court

Supreme Court Allows Discharge Application in Prevention of Corruption Act Case Due to Glaring Errors in Calculation. The Court held that the Trial Court and High Court erred in dismissing the discharge application without proper scrutiny of calculation infirmities under Section 227 of the Code of Criminal Procedure, 1973, and Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988.

14 Sep 2022

The appeal arose from the dismissal of a discharge application under Section 227 of the Code of Criminal Procedure, 1973, by the Trial Court and High ...

Supreme Court

Supreme Court Reinstates Prosecution of Public Servant and Spouse in Prevention of Corruption Act Case for Disproportionate Assets. High Court's Discharge Order Quashed as It Erred in Re-appreciating Evidence at Charge Framing Stage Under Section 239 CrPC, Failing to Consider Prima Facie Case Based on FIR and Charge Sheet Materials.

5 Sep 2022

The Supreme Court heard appeals by the State of Tamil Nadu against the Madras High Court's judgment discharging a public servant and his wife from pro...

Supreme Court

Supreme Court Quashes Conviction of Accused Under Arms Act Due to Lack of Evidence on Willful Handing Over of Firearm. The Court Held That Mere License Holding and Negligence in Safe Custody Do Not Satisfy the Requirement of Willful Delivery Under Section 29 of the Arms Act, 1959, as the Prosecution Failed to Prove the Accused Knowingly Provided the Firearm for Use in a Murder.

29 Mar 2022

The appeal arose from a murder case where the deceased was shot with a licensed firearm owned by the appellant. The prosecution alleged that the appel...

Supreme Court

Supreme Court Allows Appeal Against NGT Order on Environmental Clearance for Manufacturing Units. The Court held that closure of units lacking prior Environmental Clearance should not be automatic; factors like employment, compliance with pollution norms, and ex post facto applications must be considered under the Environment (Protection) Act, 1986 and National Green Tribunal Act, 2010.

25 Mar 2022

The appeal arose under Section 22 of the National Green Tribunal Act, 2010, against an order dated 3rd June 2021 by the Principal Bench of the NGT in ...

Supreme Court

Supreme Court Dismisses Union of India's Appeal Against Sentence Modification in Court-Martial Case. General Court Martial Composition Violated Army Rules, 1954, Rule 40(2) and Rule 102, but Armed Forces Tribunal's Sentencing Discretion Under Section 71(e) of Armed Forces Tribunal Act, 2007 Upheld.

23 Mar 2022

The dispute arose from disciplinary proceedings against a retired Lieutenant General of the Indian Army, initiated after an anonymous complaint in 200...

Supreme Court

Supreme Court Reinstates Compulsory Retirement in Disciplinary Proceeding Despite Criminal Acquittal. Disciplinary Authority's Finding of Misconduct Upheld as Independent of Criminal Trial Outcome Under Karnataka Lokayukta Act, 1984 and Prevention of Corruption Act, 1988.

22 Mar 2022

The appeals arose from a judgment of the Karnataka High Court which set aside a compulsory retirement order imposed on a Village Accountant following ...

Supreme Court

Supreme Court Quashes Summons Against Accused Not Named in Police Report Under Section 190(1)(b) CrPC. Magistrate Cannot Summon Persons Not Named in Police Report or Column (2) of Report, Proper Course is Under Section 319 CrPC After Evidence Collection.

16 Mar 2022

The Supreme Court addressed an appeal concerning the power of a Magistrate to summon an individual not named in a police report under Section 190(1)(b...

Supreme Court

Supreme Court Quashes Division Bench Order in Trade Mark Infringement Suit Due to Non-maintainable Intra-court Appeal. The Single Judge's Order Granting Time to File Affidavit-in-Opposition Was Not a 'Judgment' Under Clause 15 of Letters Patent, Making the Appeal Inadmissible.

14 Mar 2022

The dispute arose from a civil suit filed by the respondent-plaintiff against the appellant-defendants for infringement of the registered trade mark '...

Supreme Court

Supreme Court Quashes Proceedings Against Company Chairman in Corruption Case Due to Lack of Criminal Intent and Compliance with Tax Demand. Criminal Liability Under Prevention of Corruption Act and IPC Not Made Out as Differential Road Tax Was Paid Upon Demand Under Section 8A of Karnataka Motor Vehicles Taxation Act, 1957, Rendering Proceedings Abuse of Process.

14 Mar 2022

The appeal arose from an order of the Dharwad Bench of the High Court of Karnataka dismissing a criminal petition under Section 482 of the Code of Cri...

Supreme Court

Supreme Court Sets Aside High Court Bail Orders in Murder Case Due to Lack of Reasoning and Failure to Consider Gravity of Offence. The Court held that bail orders must contain prima facie reasons and consider societal concerns, especially in serious offences under Sections 302, 201, and 34 IPC, and remanded the matter for fresh bail consideration.

11 Mar 2022

The appeals were filed by the wife of the deceased challenging bail orders granted by the High Court of Rajasthan to two accused persons in a murder c...

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