Search Results for "prima facie case"

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Supreme Court Quashes Criminal Proceedings Against Appellants in Dowry Harassment and Domestic Violence Case. Generalized Allegations Without Specific Acts Insufficient to Sustain Criminal Charges – Court Emphasizes Need for Specificity in Domestic Violence Cases.

The Supreme Court quashed the criminal proceedings against the Appellants, holding that the allegations were generalized and lacked specific overt act...

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Quashing of FIR – Marriage by Mutual Consent – Protection Under Exception 2 to Section 375 IPC. Supreme Court Quashes FIR Alleging Rape – Holds That Husband Cannot Be Prosecuted Under Section 376 IPC.

Constitution of India, 1950 – Criminal Procedure Code, 1973 – Indian Penal Code, 1860 Quashing of FIR – Criminal Appeal against dismissal of pe...

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Quashing of criminal proceedings – No violation of Drugs and Cosmetics Act, 1940 – Magistrate’s summoning order lacked reasons.

Code of Criminal Procedure, 1973 – Section 482 Quashing of Criminal Proceedings – High Court dismissed the petition under Section 482 of the Code ...

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SUMMONING ORDER MUST REFLECT APPLICATION OF JUDICIAL MIND. Summoning an accused is a serious matter – Magistrate must assign reasons – Non-speaking summoning order quashed

Acts & Sections Discussed: Code of Criminal Procedure, 1973 (CrPC) – Section 482, Section 468(2), Section 202 Drugs & Cosmetics Act, 194...

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Quashing of Criminal Proceedings – Lack of Prima Facie Case – Mandatory Compliance Under Section 195(1) of the Code of Criminal Procedure, 1973

Criminal proceedings initiated under Sections 353 and 186 of the Indian Penal Code, 1860, were quashed due to the absence of a written complaint by a ...

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Quashing of FIR – Protection under Official Duty – Absence of Mens Rea

Code of Criminal Procedure, 1973 – Section 482 – Quashing of FIR – High Court refused to quash the FIR despite lack of prima facie evidence agai...

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Supreme Court Grants Bail to Accused in NIA Heroin Smuggling Case Due to Lack of Direct Evidence and Prolonged Incarceration. Transnational Narcotics Conspiracy Allegation Fails as No Contraband Linked to Appellant's Consignment and Key Witnesses Not Implicated.

The Supreme Court granted bail to Harpreet Singh Talwar @ Kabir Talwar, accused in a multi-jurisdictional heroin smuggling case investigated by the NI...

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Supreme Court Allows Appeal in Commercial Suit for Non-Compliance with Mandatory Pre-Institution Mediation Under Section 12A of Commercial Courts Act, 2015. Suit Filed Without Exhausting Mediation Is Not Maintainable and Plaint Liable for Rejection Under Order VII Rule 11(d) CPC.

The Supreme Court allowed the appeal filed by M/s Dhanbad Fuels Private Limited against the Union of India and another, setting aside the judgment of ...