Search Results for "prima facie case"

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Search Results for "prima facie case"

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Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in Cheating Case Due to Lack of Evidence and Abuse of Process. The Court held that the High Court should have exercised inherent powers under Section 482 of the Criminal Procedure Code, 1973 to quash the FIR as no prima facie case was made out against the appellant after police exoneration and compromise with the main accused.

20 Oct 2021

The dispute arose from a criminal complaint filed by Nasib Singh (complainant) against Jaswant Singh (appellant) and others, alleging cheating and bre...

Supreme Court

Supreme Court Upholds National Commission's Power to Impose Deposit of Entire Decretal Amount as Stay Condition in Consumer Appeals. Pre-deposit of 50% under Section 51 of Consumer Protection Act, 2019 is Minimum Requirement, Not a Cap on Discretionary Stay Conditions.

12 Oct 2021

The Supreme Court disposed of a batch of civil appeals arising from orders of the National Consumer Disputes Redressal Commission (National Commission...

Supreme Court

Supreme Court Reverses High Court's Quashing of FIR in Disproportionate Assets Case Under Prevention of Corruption Act, 1988. The Court Held That a Preliminary Inquiry Is Not Mandatory Before FIR Registration and the FIR Should Not Be Quashed as It Discloses a Cognizable Offence Based on Source Information.

8 Oct 2021

The appeal arose from a judgment of the Telangana High Court dated 11 February 2020, which allowed a writ petition filed by the respondents under Arti...

Supreme Court

Supreme Court Quashes Anticipatory Bail in Murder Case Due to Erroneous High Court Order. High Court's Reliance on Incomplete Investigation Report Under Section 173 CrPC at Anticipatory Bail Stage Was Impermissible, and Anticipatory Bail Should Not Be Granted in Serious Offences Like Murder Under Section 302 IPC Without Cogent Reasons.

8 Oct 2021

The Supreme Court of India heard criminal appeals arising from Special Leave Petitions challenging judgments of the High Court of Madhya Pradesh, whic...

Supreme Court

Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

8 Oct 2021

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

Supreme Court

Supreme Court Quashes FIR Against Physical Training Teacher in Student Suicide Case Due to Insufficient Evidence for Abetment. Allegations of Harassment Without Active Instigation or Intentional Aiding Do Not Prima Facie Constitute Offence Under Section 306 IPC Read with Section 107 IPC, Leading to Quashing Under Section 482 CrPC.

5 Oct 2021

The Supreme Court of India heard a criminal appeal arising from a Special Leave Petition, where the appellant, a Physical Training Teacher and member ...

Supreme Court

Supreme Court Quashes DNA Test Order in Property Dispute, Upholds Plaintiff's Right to Refuse Test. The court held that DNA test cannot be directed as a matter of routine, presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872 requires strong preponderance to rebut, and plaintiff's evidence including affidavits showing admission by defendants could suffice without DNA test.

1 Oct 2021

The dispute arose from a civil suit filed by the appellant, Ashok Kumar, seeking a declaration of ownership over property left by late Trilok Chand Gu...

Supreme Court

Supreme Court Dismisses Appeal by Suspended Directors in Insolvency Case on Maintainability and Limitation Grounds. Application under Section 7 of Insolvency and Bankruptcy Code, 2016 Filed by Power of Attorney Holder is Maintainable and Not Barred by Limitation Due to Acknowledgments Extending Period Under Section 18 of Limitation Act, 1963.

30 Sep 2021

The dispute arose from an application filed by Union Bank of India (Financial Creditor) under Section 7 of the Insolvency and Bankruptcy Code, 2016 ag...

Supreme Court

Supreme Court Allows Bank's Appeal in Service Law Dispute Over Promotion Denial Under Sealed Cover Procedure. Promotion Correctly Denied from Earlier Date When Disciplinary Proceedings Resulted in Minor Penalty of Censure as Per Staff Circular No.118 and Judicial Precedents.

30 Sep 2021

The dispute originated from the respondent employee's promotion consideration in November 1984 while employed with the appellant bank in Middle Manage...

Supreme Court

Supreme Court Dismisses Complainant's Appeals in Criminal Summoning Case Due to Lack of Specific Allegations. Sessions Court and High Court Correctly Quashed Summons Against Company Executives as Prima Facie Case Not Made Out Under Sections 427, 447, 506, and 120B read with Section 34 IPC.

27 Sep 2021

The dispute arose from a private complaint filed by the original complainant against thirteen accused, including companies and their executives, for o...

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