Articles for Facie Case

Supreme Court Quarterly Criminal Digest 2024 [July - September]
4 weeks ago

Supreme Court Quarterly Criminal Digest 2024 [July - September]

Live Law  

Armed Forces Civilian Killings - FIR and subsequent proceedings quashed due to absence of mandatory sanction under Section 6 of the Armed Forces Act, 1958. Frank Vitus v. Narcotics Control Bureau, 2024 LiveLaw 441 : AIR 2024 SC 3418 : 8 SCC 415 : 2024 CriLJ 3297 Section 437 – Bail – Object of imposing conditions of bail – It …

India Karnataka Tamil Nadu Kerala Delhi Supreme Court High Court
Prima Facie Case Alone Insufficient to Appoint Court Receiver; Compelling Reasons Required : Supreme Court
1 month ago

Prima Facie Case Alone Insufficient to Appoint Court Receiver; Compelling Reasons Required : Supreme Court

Live Law  

The Supreme Court recently observed that expressions like "prima facie case" or "conduct" alone are insufficient to justify the appointment of a Court Receiver. The Court emphasized that a compelling reason must be provided, demonstrating how the property would deteriorate without the Receiver's intervention.The appellant contested the High Court's decision to appoint a court receiver for. The bench comprising Justice …

Supreme Court Court Case Receiver Appointment Prima Facie Case Prima
Presumptions Under NDPS Act Are Rebuttable Not Absolute, Prosecution Must First Establish Prima Facie Case: J&K High Court
3 months, 1 week ago

Presumptions Under NDPS Act Are Rebuttable Not Absolute, Prosecution Must First Establish Prima Facie Case: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court while upholding the acquittal of three individuals accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 has ruled that the presumptions under Sections 35 and 54 of the NDPS Act are rebuttable, not absolute. The court emphasised that the prosecution must first establish a prima facie case against the accused before …

Court Prosecution Case State Accused Sho Fir
Supreme Court Monthly Digest April 2024
6 months, 3 weeks ago

Supreme Court Monthly Digest April 2024

Live Law  

Citations 2024 LiveLaw 269 to 2024 LiveLaw 339 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. Shivani Tyagi v. State of U.P., 2024 LiveLaw 333 Section 439 and National Investigation Agency Act, 2008; Section 21 – Jurisdiction of High Court to entertain Bail application – The jurisdiction …

India Climate Change Karnataka Supreme Court High Court Constitution Judges
For Summoning Accused, Prima Facie Case Made Out From Allegations In Complaint Is Sufficient: Supreme Court
7 months, 4 weeks ago

For Summoning Accused, Prima Facie Case Made Out From Allegations In Complaint Is Sufficient: Supreme Court

Live Law  

For summoning of an accused, prima facie case made out on the basis of allegations in the complaint and the pre-summoning evidence led by the complainant is sufficient, the Supreme Court held.Reversing the findings of the High Court and Sessions Court which had quashed the issuance of summons, the bench comprising Justices C.T. For summoning of an accused, prima facie …

Supreme Court Court Allegations Case Complaint Adv Prima Facie Case
S.319 CrPC | Supreme Court Affirms Summon Orders Against Police Officials Accused Of Corruption; Finds Prima Facie Case
11 months, 2 weeks ago

S.319 CrPC | Supreme Court Affirms Summon Orders Against Police Officials Accused Of Corruption; Finds Prima Facie Case

Live Law  

The Supreme Court recently upheld an application under Section 319 of the Code of Criminal Procedure, 1973 filed against the police officials accused of corruption. While doing so, the Top Court affirmed the Trial Court as well as the impugned order of the Punjab and Haryana High Court, summoning the police officials. The Division Bench of Justices Vikram Nath and …

Supreme Court Court Order Case Officials Singh Fir
Supreme Court Half Yearly Digest 2023 - Criminal Major Acts
11 months, 4 weeks ago

Supreme Court Half Yearly Digest 2023 - Criminal Major Acts

Live Law  

Code of Criminal Procedure, 1973 Code of Criminal Procedure, 1973 - Difference in the power of Police to register and investigate an FIR under Section 154 read with 157 of the Code, and the Magistrate's direction to register an FIR under Section 156 of the Code. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw 37 …

India Rajasthan Karnataka Kerala Delhi Supreme Court High Court
Suspecting Collusion With Police, High Court Upholds Section 319 CrPC Order To Add Accused Declared Innocent By Nuh DSP
1 year, 1 month ago

Suspecting Collusion With Police, High Court Upholds Section 319 CrPC Order To Add Accused Declared Innocent By Nuh DSP

Live Law  

Observing that, "Police authorities relied upon unknown ghost respectable members of the society so as to declare the petitioner as innocent," the Punjab & Haryana High Court has upheld the order to array a man as an accused in a murder case who was exonerated in police investigation by Nuh DSP.Justice Deepak Gupta observed, "It is very surprising that despite …

Investigation Court Order Case State Petitioner Prima Facie Case
Will not stay Bihar caste survey unless prima facie case made out by those opposing it: SC
1 year, 4 months ago

Will not stay Bihar caste survey unless prima facie case made out by those opposing it: SC

The Hindu  

The Supreme Court Monday told the petitioners challenging the Patna High Court order giving the go-ahead to the Bihar government for a caste survey that it will not stay the exercise unless they made out a prima facie case against it. The Bihar government had said on Friday the caste survey was completed on August 6 and the data gathered …

Exercise Bihar Data Caste Survey State Mehta
Section 106 Evidence Act Not Attracted Unless Prosecution Prima Facie Discharges Initial Burden Of Establishing Guilt Of Accused: Allahabad HC
1 year, 6 months ago

Section 106 Evidence Act Not Attracted Unless Prosecution Prima Facie Discharges Initial Burden Of Establishing Guilt Of Accused: Allahabad HC

Live Law  

The Allahabad High Court has recently observed that Section 106 of the Indian Evidence Act cannot be attracted in a case unless the initial burden of establishing the guilt of the accused is prima facie discharged by the prosecution. In this regard, the Court also referred to the Apex Court’s ruling in the case of Nagendra Sah Vs. the State …

Murder Trial Evidence Court Prosecution Case Accused
Jamia Violence Case : Supreme Court Dismisses Plea Of 4 Accused Against Framing Of Charges
1 year, 7 months ago

Jamia Violence Case : Supreme Court Dismisses Plea Of 4 Accused Against Framing Of Charges

Live Law  

The Supreme Court on May 19 dismissed the special leave petition filed by four accused persons against the Delhi High Court direction to frame charges against them in relation to the 2019 Jamia Violence case. In March, the Delhi High Court had framed charges against Mohd Qasim, Mahmood Anwar, Shahzar Raza Khan, Umar Ahmad, Mohd. On a challenge made by …

Supreme Court Trial Accused High Jamia Dismisses Plea Mahmood Anwar
Kerala High Court Refuses To Quash Trial Court Proceedings Against Actor Unni Mukundan In Sexual Harassment Case
1 year, 7 months ago

Kerala High Court Refuses To Quash Trial Court Proceedings Against Actor Unni Mukundan In Sexual Harassment Case

Live Law  

The Kerala High Court on Tuesday dismissed an application filed by Malayalam film actor Unni Mukundan challenging an order of the Sessions Court that confirmed the order of the trial court refusing to discharge the actor in a case where he is facing prosecution for offences under Sections 354 and Section 354-B and Section 354-B of the Indian Penal Code,1860. …

Counsel Trial Court Kerala High Court Case Proceedings Woman Actor
Complete Supreme Court Yearly Digest Part-3
1 year, 10 months ago

Complete Supreme Court Yearly Digest Part-3

Live Law  

Code of Criminal Procedure 1973 Code of Criminal Procedure, 1973 - Appeal against High Court order setting aside criminal proceedings on the ground that taking cognizance by magistrate was barred by limitation - Allowed - The High Court made a fundamental error in assuming that the date of taking cognizance i.e., 04.12.2012 is decisive of the matter, while ignoring the …

India Karnataka Kerala Delhi Supreme Court High Court Bihar
Discretionary & Extraordinary Power U/Sec 319 CrPC Should Be Exercised Sparingly : Supreme Court
2 years, 1 month ago

Discretionary & Extraordinary Power U/Sec 319 CrPC Should Be Exercised Sparingly : Supreme Court

Live Law  

The Supreme Court reiterated that the power of a court under Section 319 CrPC is a discretionary and extraordinary power which should be excercised sparingly.The crucial test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, …

Supreme Court Court Power Case Prima Facie Case 319 319 Crpc
PhonePe Trademark Suit: Madras High Court Temporarily Restrains MobilePe From Providing BHIM/ UPI Services
2 years, 1 month ago

PhonePe Trademark Suit: Madras High Court Temporarily Restrains MobilePe From Providing BHIM/ UPI Services

Live Law  

In a trademark infringement suit filed by Indian digital payments and financial technology company PhonePe, the Commercial Division of Madras High Court has temporarily restricted "MobilePe" from offering any UPI or BHIM services. The Court said that instead of a side by side comparison, it stepped into the shoes of an average man with "ordinary prudence"and "imperfect recollection" and found …

Court Madras High Court Upi Prima Facie Case Phonepe Bhim Facie Case
Simple & Necessary Inquiry To Be Conducted While Examining Prima Facie Case For Discharge U/Sec 227 CrPC: Supreme Court
2 years, 3 months ago

Simple & Necessary Inquiry To Be Conducted While Examining Prima Facie Case For Discharge U/Sec 227 CrPC: Supreme Court

Live Law  

The Supreme Court observed that a simple and necessary inquiry can be conducted while considering discharge plea to find out whether a prima facie case is made out.The threshold of scrutiny required to adjudicate an application under Section 227 Cr.P.C. The Supreme Court observed that a simple and necessary inquiry can be conducted while considering discharge plea to find out …

Record Supreme Court Inquiry Application Discharge Case Vigilance
Section 239 CrPC - Court Can Only Look Into Prima Facie Case & Decide Whether Prosecution Case Is Groundless: Supreme Court
2 years, 3 months ago

Section 239 CrPC - Court Can Only Look Into Prima Facie Case & Decide Whether Prosecution Case Is Groundless: Supreme Court

Live Law  

In a judgment delivered on Monday, the Supreme Court explained the ambit and scope of exercise of power to discharge an accused under Sections 239 of Code of Criminal Procedure.The court observed that the only consideration at the stage of Section 239/240 is as to whether the allegation/charge is groundless.The test which may be applied for determining whether the charge. …

Supreme Court Court Criminal Procedure Prosecution Charge Discharge Materials
Even If Prima Facie Case Is Established, Bail Overrides Pre-Trial Punishment: J&K&L High Court
2 years, 4 months ago

Even If Prima Facie Case Is Established, Bail Overrides Pre-Trial Punishment: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that even if prima facie case is established against an accused, the approach of the court in granting bail should be that the accused should not be detained by way of punishment as pre-trial punishment as the same clearly falls foul of the principles of criminal jurisprudence. Elaborating on the …

High Court Court Bail Punishment Criminal Jurisprudence Case Accused
Statements Made U/Sec 161 CrPC Relevant In Considering Prima Facie Case Against Accused In His Bail Application : Supreme Court
2 years, 5 months ago

Statements Made U/Sec 161 CrPC Relevant In Considering Prima Facie Case Against Accused In His Bail Application : Supreme Court

Live Law  

The Supreme Court observed that statements made under Section 161 of Code of Criminal Procedure are relevant in considering the prima facie case against an accused in an application for grant of bail in case of grave offence. "Ex facie, the allegations are grave, and it cannot be said that there are no materials on record at all", the bench …

Supreme Court Court Bail Criminal Procedure Case Statements Accused
Prima Facie Case Alone Does Not Entitle A Party To Relief Under Section 17 Of The A&C Act: Delhi High Court
2 years, 5 months ago

Prima Facie Case Alone Does Not Entitle A Party To Relief Under Section 17 Of The A&C Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that a prima facie case alone does not entitle a party to relief under Section 17 of the Arbitration and Conciliation Act, 1996 for interim measures. Against the order of the Arbitral Tribunal directing the appellant to secure the said amount, the appellant filed an appeal before the Delhi High Court. The Court ruled …

Delhi High Court Delhi High Court Order Case Tribunal Respondent
At The Stage Of Framing Of Charges, Possibility Of Accused Person's Acquittal Not To Considered, Rather It Is To Be Seen Whether Prima Facie Case Is Made Out Or Not: Rajasthan HC
2 years, 8 months ago

At The Stage Of Framing Of Charges, Possibility Of Accused Person's Acquittal Not To Considered, Rather It Is To Be Seen Whether Prima Facie Case Is Made Out Or Not: Rajasthan HC

Live Law  

The Rajasthan High Court observed that medical evidence cannot be doubted, that too, at the stage of framing of charges, where as per the settled law laid down by the Supreme Court, the possibility of acquittal of the accused person are not to be taken into consideration, rather it is to be seen whether prima facie case is made out …

Trial Court Trial Court Case Charges Ipc Singh
A More Than Prima Facie Case Needed To Summon A Person As Accused U/S 319, Cr.P.C.: Uttarakhand High Court Reiterates
2 years, 9 months ago

A More Than Prima Facie Case Needed To Summon A Person As Accused U/S 319, Cr.P.C.: Uttarakhand High Court Reiterates

Live Law  

The Uttarakhand High Court has reiterated that a more than prima facie case is needed to be presented to summon a person under Section 319 of the Code of Criminal Procedure. While dismissing a revision against the trial Court order of such summon, a Single Judge Bench of Justice Narayan Singh Dhanik observed, "Therefore, it is amply clear that in …

High Court Trial Case Accused Cctv Singh Fir
Letters Patent Appeal Not Maintainable Against Orders Which Does Not Have Traits And Trappings Of Finality: Supreme Court
2 years, 9 months ago

Letters Patent Appeal Not Maintainable Against Orders Which Does Not Have Traits And Trappings Of Finality: Supreme Court

Live Law  

The Supreme Court observed that a Letters Patent Appeal cannot be entertained against orders which does not have the traits and trappings of finality.An order of single judge, though may cause some inconvenience to one of the parties or, to some extent, some prejudice to one of the parties, cannot be treated as a 'judgment' under clause 15 of Letters …

Supreme Court Judgment Trial Court Parties Order Judge
To Invoke Section 319 CrPC, More Than A Prima Facie Case As Exercised At Charge-Framing Stage Needed : Supreme Court
2 years, 9 months ago

To Invoke Section 319 CrPC, More Than A Prima Facie Case As Exercised At Charge-Framing Stage Needed : Supreme Court

Live Law  

The Supreme Court reiterated that the power under Section 319 of the Code of Criminal Procedure is a discretionary and extraordinary power which should be exercised sparingly. "The crucial test to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the …

Trial Evidence Court Criminal Procedure Power Case Singh