Search Results for "Prima facie evidence"

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Presumption of Legitimacy Cannot Be Displaced by Mere Allegations. The Supreme Court upheld the conclusive presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, rejecting a claim for maintenance based on disputed paternity.

Constitution of India – Article 21 – Right to privacy and dignity was violated when a DNA test was ordered without substantial evidence of non-acc...

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Quashing of FIR – Protection under Official Duty – Absence of Mens Rea

Code of Criminal Procedure, 1973 – Section 482 – Quashing of FIR – High Court refused to quash the FIR despite lack of prima facie evidence agai...

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"High Court Upholds State Authority to Suspend Officers for Alleged Misconduct Despite Subsequent Policy Waivers" "Administrative accountability prevails over retrospective policy relaxations."

The Maharashtra Administrative Tribunal's decision to reinstate a Tahsildar, suspended for alleged inaction against illegal mining, was quashed. The H...

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Grant of Bail in a UAPA Case: Supreme Court Balances Fundamental Rights with Statutory Restrictions. A measured verdict emphasizing due process, evidentiary thresholds, and the right to speedy justice under Article 21.

The Supreme Court of India granted bail to the appellant, Athar Parwez, booked under stringent sections of the IPC and UAPA, 1967, citing procedural d...

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"Bombay HC Refuses to Quash FIR in 498-A Case, Cites Judicial Defiance and Prima Facie Evidence" “Compliance with judicial orders and allegations of cruelty under Section 498-A IPC weigh against quashing proceedings under Section 482 Cr.P.C.”

The Bombay High Court dismissed an application seeking quashing of FIR and criminal proceedings under Section 482 Cr.P.C., citing continued non-compli...

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Petitioner’s Plea for Discharge in Land Conspiracy Dismissed by Bombay High Court. Court affirms prima facie evidence of land fraud and conspiracy involving government land.

The Bombay High Court dismissed a writ petition filed under Section 482 of Cr.P.C. and Article 227 of the Constitution. The petitioner, an advocate, w...

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Bombay High Court Allows Discharge of Accused in Conspiracy and Assault Case. Court Finds Insufficient Evidence to Link Accused to the Incident; Discharge Granted.

The Bombay High Court, in Criminal Revision Application No. 412 of 2015, quashed the rejection of a discharge application filed by Accused No. 6 (Vij...

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CBI's Overreach Thwarted: Advocates Cleared of Section 353 IPC Allegations After 17 Years. Legal advocates vindicated after enduring years of wrongful accusation; professionalism upheld by judicial scrutiny.

Introduction: Context: Criminal Revision Application No. 559 of 2024 filed against the rejection of a discharge application. Core Issue: Allegatio...

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"High Court Mandates Enhanced Verification Mechanisms to Prevent Real Estate Fraud" "Ensuring Transparency and Accountability in Real Estate Registrations"

The Court emphasized the necessity of a robust framework to ensure transparency and prevent fraudulent practices in the real estate sector. It directe...

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Anticipatory Bail Denied in High-Profile Case Involving Death and Alleged Conspiracy. Court rejects bail plea in a case involving a deadly car crash, bribery, and forgery allegations against a businessman.

The Bombay High Court, presided by Justice Manish Pitale, denied anticipatory bail to the applicant, who was implicated in a conspiracy involving a fa...