Search Results for "Prima facie"

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Search Results for "Prima facie"

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Supreme Court

Supreme Court Dismisses Appeal in Criminal Case Involving Cheque Dishonour and Cheating Allegations. The Court upheld the High Court's discharge order, ruling that the transaction was a civil loan dispute without prima facie evidence of criminal offences under Section 138 of the Negotiable Instruments Act, 1881, or Section 420 of the Indian Penal Code, 1860.

28 Oct 2021

The dispute arose from a criminal complaint filed by the appellant against the respondent No.2, alleging offences under Section 138 of the Negotiable ...

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 Orders Independent Investigation into Alleged Pegasus Spyware Surveillance to Uphold Constitutional Rights. Court Directs Expert Committee to Examine Unauthorized Use Claims, Balancing National Security Concerns with Fundamental Rights Protection Under Article 21 of the Constitution.

27 Oct 2021

The Supreme Court of India addressed a batch of writ petitions concerning allegations of unauthorized surveillance using Pegasus spyware on Indian cit...

Supreme Court

Supreme Court Orders Independent Investigation into Alleged Pegasus Spyware Surveillance to Uphold Constitutional Rights. Court Emphasizes Judicial Review and Protection of Privacy Under Articles 19 and 21 of Constitution, While Addressing National Security Concerns and Government's Denial of Allegations.

27 Oct 2021

The Supreme Court of India addressed a batch of writ petitions concerning allegations of unauthorized surveillance using Pegasus spyware on Indian cit...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Builder Directors in Property Development Dispute Due to Civil Nature of Allegations. Criminal Complaint for Cheating Under Sections 406, 419, 420 IPC Fails as Dispute Arose from Joint Development Agreement and Memorandum of Understanding, With Civil Remedies Available Through Arbitration and Pending Civil Suit.

26 Oct 2021

The Supreme Court of India heard a criminal appeal arising from a property development dispute between builder directors and a property owner. The bac...

Supreme Court

Supreme Court Reverses High Court's Quashing of FIR and Summons in SC/ST Act Case Due to Erroneous Interpretation of Magistrate's Jurisdiction and Sanction Requirements. Magistrate Retains Power to Take Cognizance Under Amended Section 14 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Sanction Under Section 197 of Code of Criminal Procedure, 1973 Not Required for Acts Not in Discharge of Official Duties.

26 Oct 2021

The dispute arose from an FIR registered by the appellant, a complainant, against police officers for offences under the Indian Penal Code and the Sch...

Supreme Court

Supreme Court Reverses High Court's Quashing of KCOCA Charges in Journalist Murder Case. The Court held that the definition of 'continuing unlawful activity' under Section 2(1)(d) of the Karnataka Control of Organised Crimes Act, 2000 applies to the syndicate, not individual accused, and quashing at the pre-trial stage based on factual insufficiency was improper.

21 Oct 2021

The appeals arose from a judgment of the High Court of Karnataka dated 22.04.2021, which partly allowed a writ petition filed by private respondent Mo...

Supreme Court

Supreme Court Quashes Anticipatory Bail in Criminal Appeal Due to Accused Absconding and Proclamation Under Section 82 CrPC. High Court Erred in Granting Anticipatory Bail Without Considering Initiation of Proceedings Under Section 82/83 CrPC and Seriousness of Offences Under Sections 406 and 420 IPC, as Per State of Madhya Pradesh vs. Pradeep Sharma Precedent.

21 Oct 2021

The appeal arose from the High Court's order granting anticipatory bail to the accused in a criminal case. The appellant, the original informant, had ...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in Cheating Case Due to Lack of Evidence and Abuse of Process. The Court held that the High Court should have exercised inherent powers under Section 482 of the Criminal Procedure Code, 1973 to quash the FIR as no prima facie case was made out against the appellant after police exoneration and compromise with the main accused.

20 Oct 2021

The dispute arose from a criminal complaint filed by Nasib Singh (complainant) against Jaswant Singh (appellant) and others, alleging cheating and bre...

Supreme Court

Supreme Court Dismisses Appeals in National Investigation Agency Act Case Upholding State Court Jurisdiction Until NIA Takeover. The Court held that under Section 6(7) of the National Investigation Agency Act, 2008, the State Police may continue investigation until the NIA actually takes over, and state courts retain jurisdiction under the Code of Criminal Procedure, 1973 for scheduled offences until that point.

20 Oct 2021

The appeals arose from a judgment of the Bombay High Court dated 5 July 2018, which dismissed a criminal writ petition challenging the jurisdiction of...

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