Search Results for "prima facie material"

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Supreme Court

Supreme Court Allows Appeal in Trademark Infringement Case Under Trade Marks Act, 1999. Registered Trademark 'RENAISSANCE' Found Infringed by 'SAI RENAISSANCE' Due to Deceptive Similarity and Transborder Reputation Under Section 29(4).

19 Jan 2022

The appeal arose from a trademark infringement dispute between an appellant-plaintiff, a global hotel chain incorporated in Delaware, USA, and respond...

Supreme Court

Supreme Court Allows Bail for Accused in UAPA Case Due to Lack of Prima Facie Evidence and Prolonged Incarceration. Court Holds That Statutory Restrictions Under Section 43D(5) of Unlawful Activities (Prevention) Act, 1967 Do Not Oust Constitutional Courts' Power to Grant Bail Based on Fundamental Rights Violations and Trial Delays.

28 Oct 2021

The Supreme Court dealt with two criminal appeals arising from a Kerala High Court judgment concerning bail granted to accused persons under the Unlaw...

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 Allows Victim's Appeal in Criminal Case for Summoning Additional Accused Under Section 319 CrPC. Court Held That Trial Court and High Court Erred in Rejecting Application Based on Examination-in-Chief of Injured Eye-Witness Without Appreciating Evidence on Merits, as Power Under Section 319 CrPC Can Be Exercised Even on Single Witness Testimony.

24 Aug 2021

The dispute arose from an FIR registered on 27.07.2016 at Police Station Assandh concerning the death of Amarjit Singh and injuries to Manjeet Singh, ...

Supreme Court

Supreme Court Reinstates Criminal Proceedings Quashed by High Court Under Section 482 CrPC Due to Erroneous Exercise of Inherent Powers. High Court's Quashing Order Set Aside as It Entered into Merits and Stifled Legitimate Prosecution Despite Prima Facie Case and Chargesheet in Offences Under Sections 147, 148, 149, 406, 329, 386 IPC.

13 Aug 2021

The appeal arose from the High Court's order quashing criminal proceedings under Section 482 of the Code of Criminal Procedure, 1973. The appellant, t...

Supreme Court

Supreme Court Cancels Bail in Murder Case Due to Lack of Reasoned Order and Insufficient Change in Circumstance. High Court's mechanical bail grant set aside as examination of appellant-witness alone does not constitute changed circumstance when prima facie material exists under Sections 302, 452, 120B IPC.

12 Jul 2021

The Supreme Court heard a criminal appeal challenging the High Court's order granting bail to the accused in a murder case. The appellant was the sist...

Supreme Court

Supreme Court Allows Anticipatory Bail to Mother-in-Law in Triple Talaq Case — Section 7(c) of Muslim Women (Protection of Rights on Marriage) Act, 2019 Does Not Bar Anticipatory Bail Under Section 438 CrPC. Offence Under the Act Can Only Be Committed by Muslim Husband, Not Mother-in-Law.

3 Dec 2020

The appeal arose from a judgment of the Kerala High Court rejecting an anticipatory bail application filed by the appellant, the mother-in-law of the ...

Supreme Court

Supreme Court Upholds Section 18A of SC/ST Act Against Challenge of Unconstitutionality — Amendment Restores Pre-Dr. Subhash Kashinath Position After Review

10 Feb 2020

The petitioners challenged the constitutional validity of Section 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 198...

Supreme Court

Supreme Court Restores Charges Against Retired Bank Official in CBI Corruption Case — Prima Facie Evidence of Criminal Conspiracy and Abuse of Official Position. The Court held that the High Court erred in discharging the accused at the pre-charge stage despite material indicating dishonest intention and violation of banking norms under the IPC and Prevention of Corruption Act.

5 Dec 2019

The Supreme Court allowed the appeal filed by the Station House Officer, CBI/ACB/Bangalore, against the judgment of the High Court of Karnataka which ...

Supreme Court

Supreme Court Sets Aside Dismissal of Judicial Officer for Granting Bail and Acquitting Accused, Holding That Wrong Orders Alone Do Not Constitute Misconduct. Disciplinary Action Requires Proof of Extraneous Considerations or Corrupt Motive, Not Mere Errors of Judgment.

26 Sep 2019

The Supreme Court allowed the appeal filed by the legal representatives of the deceased judicial officer, Krishna Prasad Verma, against the State of B...

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