Search Results for "Prima facie"

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Search Results for "Prima facie"

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Supreme Court

Supreme Court Grants Leave in Temple Administration Dispute and Orders Interim Arrangement Pending Final Hearing. The Court noted that the factual determination of whether the temple belongs to the Mutt requires deeper consideration and balanced equities by ordering an interim arrangement to protect all parties' interests under the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997.

19 Apr 2021

The dispute centered on the administration of the Gokarna Mahabaleshwara Temple, with the petitioner Mutt claiming it belonged to the Mutt and was exe...

Supreme Court

Supreme Court Examines Delay in Cases Under Section 138 of Negotiable Instruments Act, 1881 and Directs Measures for Expedited Trials. The Court addressed procedural issues including mechanical conversion of summary trials to summons trials and mandatory inquiry under Section 202 of Code of Criminal Procedure, 1973, forming a committee to recommend solutions for backlog reduction.

16 Apr 2021

The Supreme Court of India, in a suo motu writ petition, addressed the significant backlog and delays in the disposal of cases filed under Section 138...

High Court

Supreme Court Upholds Financial Creditor in Insolvency Petition Based on Balance Sheet Acknowledgement Under Limitation Act. The Court held that entries in signed balance sheets constitute acknowledgement of debt under Section 18 of the Limitation Act, 1963, extending the limitation period for applications under Section 7 of the Insolvency and Bankruptcy Code, 2016, and that defects in the application regarding the date of default are curable.

15 Apr 2021

The dispute arose from an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Asset Reconstruction Company (India) ...

Supreme Court

Supreme Court Reinstates Charge Against Accused in Prevention of Corruption Act Case Due to Erroneous Discharge by High Court. The High Court Exceeded Jurisdiction by Evaluating Evidence on Merits at Charge-Framing Stage, Contrary to Established Principles Under Sections 227 and 228 Cr.P.C. and Section 7 of Prevention of Corruption Act, 1988.

13 Apr 2021

The appeal arose from a criminal revision where the High Court of Rajasthan quashed an order framing charge against a Patwari under Section 7 of the P...

Supreme Court

Supreme Court Quashes High Court's Interim Order in Criminal Proceedings Due to Lack of Reasons and Improper Exercise of Inherent Powers. The Court Held That Blanket 'No Coercive Measures' Orders Without Conditions and Reasons Are Impermissible Under Section 482 Cr.P.C. and Article 226 of the Constitution, as They Hamper Investigation and Bypass Anticipatory Bail Provisions.

13 Apr 2021

The dispute arose from an interim order dated 28.09.2020 passed by the Division Bench of the High Court of Judicature at Bombay in a writ petition fil...

Supreme Court

Supreme Court Grants Bail to Accused in Unlawful Activities (Prevention) Act Case Due to Lack of Prima Facie Evidence for Terror Funding. Payment of Extortion Money Under Duress for Business Operations Does Not Constitute Terror Funding Under Section 17 of Unlawful Activities (Prevention) Act, 1967.

9 Apr 2021

The dispute arose from a criminal appeal concerning bail denial to an accused charged with multiple offences, including under the Unlawful Activities ...

Supreme Court

Supreme Court Dismisses Appeals of Degree Holders in Junior Engineer Recruitment Dispute - Upholds High Court's View that Degree is Not Higher Qualification than Diploma Under Recruitment Rules. The Court held that a degree in Electrical Engineering cannot be considered a higher qualification than a diploma for the post of Junior Engineer (Electrical) as per the Himachal Pradesh State Electricity Board Recruitment and Promotion Regulations, where the essential qualification is specifically a diploma.

7 Apr 2021

The Supreme Court addressed appeals concerning the eligibility of degree holders for appointment to the post of Junior Engineer (Electrical) in the Hi...

Supreme Court

Supreme Court Allows Appeal in Arbitration Petition Under Section 11 of Arbitration and Conciliation Act, 1996 - Family MoU Binding on Shareholders. The court held that a family Memorandum of Understanding containing an arbitration clause constitutes a valid arbitration agreement, enforceable under Section 11 of the Arbitration and Conciliation Act, 1996, and binding on heirs and successors.

6 Apr 2021

The appeal arose from the dismissal of a petition under Section 11 of the Arbitration and Conciliation Act, 1996, filed before the High Court of Delhi...

Supreme Court

Supreme Court Dismisses Appeal in Company Winding Up Petition Under Companies Act, 1956 Due to Lack of Bona Fide Dispute. Concurrent Findings Upheld as Appellant's Defence Was Vague and Non-Specific in Reply to Statutory Notice Under Sections 433(e) and 434.

6 Apr 2021

The dispute arose from a transaction where the respondent, a manufacturer of acrylic yarn, supplied material on credit to the appellant. The appellant...

Supreme Court

Supreme Court Upholds Assessee in Income Tax Act Case Due to Arbitrary Stay Provision. The Third Proviso to Section 254(2A) of the Income Tax Act, 1961, Was Struck Down as It Automatically Vacated Stay Orders After 365 Days Without Considering Assessee's Responsibility for Delay, Violating Article 14 of the Constitution of India.

6 Apr 2021

The Supreme Court of India addressed a batch of civil appeals concerning the constitutional validity of the third proviso to Section 254(2A) of the In...

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