Search Results for "Prima facie"

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Search Results for "Prima facie"

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Supreme Court

Supreme Court Appoints Sole Arbitrator in Arbitration Petition Under Arbitration and Conciliation Act, 1996. Disputes arose from Construction Management Agreements regarding completion notices and fee obligations, with the court determining arbitration under those agreements was appropriate.

22 Sep 2021

The Supreme Court of India dealt with two arbitration petitions filed by DLF Home Developers Limited (DHDL) under Section 11(6) read with Section 11(1...

Supreme Court

Supreme Court Allows Plaintiff in Commercial Suit for Leave to File Additional Documents Due to Timely Application and Necessity for Just Decision. Court held that plaintiff's application under Order VII Rule 14(3) read with Section 151 of CPC should be permitted as it was filed within 30 days of suit filing under Order XI Rule 1(4) and documents were essential for fair trial in trademark infringement case.

15 Sep 2021

The dispute arose from a commercial suit filed by the plaintiff seeking a permanent injunction against the defendant for trademark infringement relate...

Supreme Court

Supreme Court Interprets Court's Power Under Section 9 of Arbitration Act Post-Tribunal Constitution. The Court Held That Courts Can Entertain Section 9 Applications After Tribunal Constitution But Must Examine Efficacy of Section 17 Remedy, with 'Entertain' Encompassing Entire Adjudication Process Under the Arbitration and Conciliation Act, 1996.

14 Sep 2021

The dispute arose from a Cargo Handling Agreement between the parties, containing an arbitration clause. The appellant invoked arbitration via a notic...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Insufficient Circumstantial Evidence and Failure to Establish Chain of Circumstances. Conviction under Sections 302 and 201 of Indian Penal Code, 1860 set aside as prosecution relied solely on post-mortem report without corroborative evidence and other family members were present during incident.

14 Sep 2021

The Supreme Court considered a criminal appeal challenging the conviction of the appellant for offences under Sections 302 (murder) and 201 (causing d...

Supreme Court

Supreme Court Quashes Summons Issued Under Section 319 Cr.P.C. and Remands for Fresh Consideration. The Court held that invocation of Section 319 Cr.P.C. requires strong and cogent evidence from the evidence led before the court, and the test is more than prima facie case but short of satisfaction that unrebutted evidence would lead to conviction, setting aside the lower courts' orders based solely on the complainant's deposition.

13 Sep 2021

The Supreme Court of India heard a criminal appeal arising from a Special Leave Petition concerning the invocation of Section 319 of the Code of Crimi...

Supreme Court

Supreme Court Dismisses Appeals in Land Title and Specific Performance Dispute, Upholding High Court's Reversal of First Appellate Court Decree. High Court Correctly Exercised Jurisdiction Under Section 100 CPC by Framing Substantial Question of Law on Genuineness of Agreement to Sell and Examining Document Under Section 73 Evidence Act, 1872.

9 Sep 2021

The dispute arose from two civil suits concerning land transactions in Karnataka. The respondent, as plaintiff in the first suit (OS No.20/1985), soug...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in IPC Case Due to Lack of Prima Facie Offence and Abuse of Process. Inherent Powers Under Section 482 of the Code of Criminal Procedure, 1973 Exercised to Prevent Abuse as FIR Disclosed Only Vague Allegations and Civil Disputes Over Property, Not Criminal Offences Under Sections 420, 467, 468, and 471 of the Indian Penal Code, 1860.

2 Sep 2021

The Supreme Court of India heard a criminal appeal arising from a Special Leave Petition against a judgment of the High Court of Judicature at Allahab...

Supreme Court

Supreme Court Quashes High Court Order Restraining Arrest in Partnership Dispute Involving Allegations of Forgery and Cheating. High Court's Direction to Not Arrest First Respondent Till Next Hearing Was Set Aside as It Lacked Reasons and Involved Serious Criminal Offenses Under Sections 405, 420, 465, 467, 468, 471 IPC.

31 Aug 2021

The appeal arose from a judgment dated 31 March 2021 of a Single Judge of the High Court of Gujarat. The dispute originated from a partnership deed da...

Supreme Court

Supreme Court Quashes Externment Order in Maharashtra Police Act Case Due to Procedural Lapses and Lack of Evidence. Externment Order Under Section 56(1)(a)(b) of Maharashtra Police Act, 1951 Found Legally Unsustainable as Based on Vague Allegations and Pending Criminal Cases Challenged as Malicious.

25 Aug 2021

The appeal arose from a judgment of the Nagpur Bench of the Bombay High Court, which dismissed a criminal writ petition challenging an externment orde...

Supreme Court

Supreme Court Upholds High Court's Direction to Consider Candidates with Criminal Cases for Police Constable Posts. Screening Committee Must Apply Mind to Nature of Offences and Acquittal Under Standing Order No.398/2010, Not Mechanically Reject Based on Criminal Involvement.

25 Aug 2021

The dispute arose from the rejection of candidates' applications for the post of Constable in Delhi Police due to their involvement in criminal cases,...

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