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 Appeal in Negotiable Instruments Act Case — Quashing of Complaint Set Aside. Sufficiency of Averments Under Section 141 NI Act for Partner Liability Determined on Holistic Reading of Complaint.

1 Apr 2019

The appeal arose from a judgment of the High Court of Judicature at Hyderabad which quashed criminal proceedings against the first respondent (a partn...

Supreme Court

Supreme Court Allows Appeal in Negotiable Instruments Act Case — Reverses High Court Conviction Due to Insufficient Rebuttal of Presumption. The Court held that the accused successfully raised a probable defence by questioning the complainant's financial capacity and the circumstances of the loan, thereby rebutting the presumption under Section 139 of the Negotiable Instruments Act, 1881.

27 Mar 2019

The Supreme Court considered an appeal by the accused against the High Court of Karnataka's judgment convicting him under Section 138 of the Negotiabl...

Supreme Court

Supreme Court Sets Aside Orders Rejecting Summoning of Additional Accused Under Section 319 CrPC — Remands for Fresh Consideration. The Court held that the Trial Court and High Court failed to properly apply the principles of Section 319 CrPC, which requires the court to ensure that real culprits are not left unpunished, and directed fresh consideration of the application to summon additional accused persons.

15 Mar 2019

The appeal arises from a criminal revision where the complainant challenged the rejection of his application under Section 319 CrPC to summon addition...

Supreme Court

Supreme Court Allows State's Appeal Against Discharge of Police Officers in Corruption Case. High Court Erred in Appreciating Evidence at Discharge Stage Under Section 227 Cr.P.C.

7 Mar 2019

The Supreme Court of India heard appeals by the State of Tamil Nadu against the discharge of two police officers, J. Doraiswamy (A1, Inspector of Poli...

Supreme Court

Supreme Court Upholds Death Sentence for Six Accused in Brutal Dacoity, Murder, and Gang Rape Case. The court restored the death penalty for all six accused, reversing the High Court's reduction of sentence for three of them, based on the 'rarest of rare' doctrine.

5 Mar 2019

The Supreme Court of India heard a batch of appeals arising from a brutal home invasion and massacre that occurred on the night of June 5-6, 2003, in ...

Supreme Court

Supreme Court Upholds Denial of Bail to Accused in Terror Funding Case Under Unlawful Activities (Prevention) Act, 1967 — High Court Order Set Aside for Erroneous Application of Section 43D(5) Bar. The Court held that the bar under Section 43D(5) applies when the court finds a prima facie case, and the High Court's approach was contrary to law.

1 Mar 2019

The Supreme Court allowed the appeal filed by the National Investigation Agency (NIA) against the Delhi High Court's order granting bail to Zahoor Ahm...

Supreme Court

Supreme Court Allows Appeal in Wakf Succession Dispute — Senior-Most Male Descendant Entitled to Chief Mutawalli Office Under Trust Deed. The Court restored the Single Judge's interim order directing handover of domain passwords and ERP control, holding that the Division Bench erred in reversing it without proper consideration of the deed's terms.

1 Mar 2019

The dispute in these appeals arises from a succession conflict over the office of Chief Mutawalli of Hamdard Laboratories (India), a wakf entity. The ...

Supreme Court

Supreme Court Quashes Summoning of Appellants Under Section 319 CrPC in Dowry Death Case — Dying Declaration Only Named One Accused, General Allegations Insufficient. No Prima Facie Case for Section 302 IPC or Dowry Offences Against Appellants.

27 Feb 2019

The Supreme Court allowed the appeals against the order of the High Court of Judicature at Allahabad which had affirmed the trial court's order summon...

Supreme Court

Supreme Court Sets Aside High Court Order for Perjury Proceedings in Matrimonial Case — Allegations of False Statements in Anticipatory Bail Application Not Deliberate Falsehood on Matter of Substance. The Court held that initiation of perjury proceedings under Section 340 CrPC requires a prima facie case of deliberate falsehood based on unimpeachable evidence, and the High Court's order was vitiated by suppression of material facts.

26 Feb 2019

The present appeal arises from a judgment of the Bombay High Court dated 07.03.2018, which directed initiation of proceedings under Section 340 CrPC a...

Supreme Court

Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution

20 Feb 2019

The Supreme Court dismissed two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against the judgme...

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