Search Results for "prima facie case"

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Search Results for "prima facie case"

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Supreme Court

Supreme Court Upholds Death Sentence in Kidnapping and Murder Case — Conviction Based on Circumstantial Evidence Including Last Seen, Ransom Demand, and Recovery of Body. The court held that the chain of circumstances was complete and consistent only with the guilt of the accused under Sections 364A, 302, 120-B, 201 read with Section 34 IPC.

24 Apr 2020

The case pertains to the kidnapping and murder of an 8-year-old boy, Yug, son of Dr. Mukesh Chandak, a dentist in Nagpur. On 1st September 2014, Yug w...

Supreme Court

Supreme Court Dismisses Appeal Against CBI Investigation in Land Acquisition Fraud Case — Consent of State Government Not Required as Offences Relate to Central Government Company Affairs. The Court held that the general consent notification of 1996 did not require prior state consent for investigating an IAS officer where the offences were committed in connection with the affairs of a Central Government company and the conspiracy was hatched in Delhi.

4 Mar 2020

The Supreme Court dismissed an appeal by Kanwal Tanuj, an IAS officer of the Bihar cadre, against the Patna High Court's order rejecting his petition ...

Supreme Court

Supreme Court Acquits Accused in NDPS Case Due to Lack of Independent Witnesses and Failure to Establish Sample Identity. Conviction under Sections 8, 15, and 31 of NDPS Act Set Aside as Prosecution Failed to Prove Sample Seized Was Same as Tested.

30 Jul 2019

The Supreme Court allowed the appeal of Vijay Pandey against his conviction under Sections 8, 15, and 31 of the Narcotic Drugs and Psychotropic Substa...

Supreme Court

Supreme Court Dismisses Appeal Against Framing of Charges in Terror Murder Case — Prima Facie Case of Conspiracy Under UAP Act Made Out Against PFI President. The Court held that at the stage of Section 227 CrPC, only a prima facie case is required, and the charge sheet materials sufficiently indicated the appellant's involvement in a conspiracy to murder RSS members, justifying the framing of charges under IPC, Arms Act, and UAP Act.

1 Jul 2019

The Supreme Court dismissed an appeal by Asim Shariff, the appellant, challenging the rejection of his discharge application under Section 227 of the ...

Supreme Court

Supreme Court Quashes Criminal Complaint for Theft of Documents in Corporate Dispute — Internal Audit Reports and Confidential Documents Not 'Stolen' as They Were Obtained Through Legal Proceedings. The Court held that the ingredients of theft under Section 379 IPC are not satisfied when documents are obtained through legal proceedings and used in bona fide litigation, and continuation of criminal proceedings would be an abuse of process.

15 May 2019

The appeals arise from a criminal complaint filed by Birla Corporation Limited (the appellant) against Adventz Investments and Holdings Limited and ot...

Supreme Court

Supreme Court Quashes FIR Against Appellants in Forgery Case for Clerical Error in Vakalatnama. High Court's Direction to Lodge Complaint Set Aside for Lack of Satisfaction Under Section 340 CrPC.

10 May 2019

The case arises from a criminal appeal against the judgment of the Madurai Bench of Madras High Court dated 14.09.2016, which dismissed the anticipato...

Supreme Court

Supreme Court Dismisses Appeal Against Refusal to Summon Additional Accused Under Section 319 CrPC — Insufficient Evidence of Complicity. The Court upheld the concurrent findings of the trial court and High Court that the complainant failed to present strong and cogent evidence to warrant summoning the proposed accused.

10 May 2019

The appellant, Shiv Prakash Mishra, lodged an FIR on 06.09.2013 alleging that respondent No.2, Subhash Chandra Shukla, along with four others, formed ...

Supreme Court

Supreme Court Allows Banks to Deny Legal Representation in Wilful Defaulter Proceedings. In-House Committees of Banks Are Not Tribunals Under Section 30 of Advocates Act, 1961, and Right to Lawyer Is Not Part of Natural Justice.

8 May 2019

The Supreme Court considered appeals against the Delhi High Court judgment which held that a borrower is entitled to be represented by a lawyer before...

Supreme Court

Supreme Court Dismisses Appeal as Premature Due to Pending Appeal Against Foundational Order. Complaint Based on Sub Judice Order Cannot Be Entertained Until Outcome of Appeal.

3 May 2019

The appellant filed a criminal complaint under Sections 166, 167, 201 to 204 of the Indian Penal Code, 1860 read with Section 25 of the Bombay Police ...

Supreme Court

Supreme Court Sets Aside Summoning Under Section 319 CrPC Due to Lack of Strong Evidence. Court Holds That Mere Witness Deposition Reiterating Police Statements Is Insufficient to Summon Accused Who Were Previously Discharged After Investigation.

1 May 2019

The Supreme Court allowed the appeal filed by Rajesh and others against the judgment of the Punjab & Haryana High Court, which had confirmed the Trial...

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