Search Results for "Prima facie case"

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Supreme Court Quashes FIR in Cheating Case, Distinguishes Between Civil Breach and Criminal Cheating. Business Setbacks Do Not Automatically Imply Criminal Intent – SC

Civil Dispute vs. Criminal Cheating: The Supreme Court reiterated that mere breach of contract or failure to repay dues due to business losses does n...

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Supreme Court Restores Sessions Judge’s Order Summoning Additional Accused Under Section 319 CrPC. Revisional Jurisdiction Misapplied – High Court’s Interference Unwarranted

Power Under Section 319 CrPC: The Supreme Court reiterated the principles laid down in Hardeep Singh v. State of Punjab (2014) 3 SCC 92, holding tha...

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Supreme Court Condones Delay in Filing Second Appeal by the State – Upholds High Court's Order Allowing Condonation of Delay. Condonation of Delay – Sufficient Cause – Merits of the Case – Liberal Approach for State Litigations

Delay in government litigation should not be condoned automatically, but a liberal approach may be taken when public interest is involved. Substantial...

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High Court Quashed Appellate Order, Restored Temporary Injunction in Specific Performance Suit. Bombay High Court held that an unregistered Agreement for Sale is admissible as evidence in a suit for specific performance and reversed the appellate court’s decision denying temporary injunction.

A discretionary order granting a temporary injunction should not be interfered with unless it is arbitrary or perverse (Wander Ltd. vs. Antox India P....

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Bombay High Court Quashed FIR And Charge Sheet Against Petitioners For Lack Of Prima Facie Evidence — Reaffirmed Right To Peaceful Assembly Under Article 19(1)(b) Of The Constitution Of India

Constitution Of India, 1950 — Article 226 — Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Sections 143, 145, 147, ...

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Property Dispute – Sale Deed Interpretation – Injunction and Ownership Rights

The Supreme Court emphasized the importance of documentary evidence, proper interpretation of sale deeds, and adherence to factual findings when evalu...

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Supreme Court Sets Aside Convictions in Workplace Electrocution Case – Appellants Discharged

Safety Measures and Employer Liability – Apex Court Emphasizes Absence of Prima Facie Case Under Indian Penal Code, 1860 a) The essential ingredien...

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Supreme Court upheld the summoning of additional accused post-trial conclusion, emphasizing the High Court’s revisional powers and the necessity of fresh trials to ensure justice.

Criminal Procedure Code, 1973 — Section 319 — Summoning of Additional Accused Post-Trial Conclusion Held Valid — Reiteration of Revi...

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Bombay High Court Quashed Order of Injunction due to Prejudice Caused by Delayed Judgment Pronouncement

Commercial Courts Act, 2015 – Delay in Pronouncement of Judgment – Principles of Prompt Delivery of Justice – Prejudice to Appellant’s Rights ...