News Muncher - category prima facie

3 days, 1 hour ago

Prima Facie Disturbed Harmony In Society: Delhi HC Refuses To Quash FIR Against DU Professor Over Post Relating To Gyanvapi Mosque

Live Law

The Delhi High Court has refused to quash an FIR registered against Ratan Lal, a professor of history at Delhi University, over a social media post in relation to the controversy regarding Gyanvapi Mosque prima facie observing that he had created disturbance of harmony in the society. The post read as “Yadi yeh Shiv Ling hai to Lagta hai shayad …

Society Court Singh Fir Post Lal Prima Facie

4 days, 4 hours ago

Service Tax Not Prima Facie Leviable On Amounts Claimed As Performance Linked Incentives/Commission: Delhi High Court

Live Law

The Delhi High Court has prima facie observed that service tax is not leviable on amounts claimed by an Assessee as commission or performance linked benefit. In that case, the Tribunal dealt with the issue of whether the incentives paid by airlines to travel agents for achieving targets was liable to service tax under the category of 'Business Auxiliary Service'. …

Delhi High Court Tax Service Petitioner Crs Prima Facie

4 days, 4 hours ago

Service Tax Not Prima Facie Leviable On Amounts Claimed As Performance Linked Incentives/Commission: Delhi High Court

Live Law

The Delhi High Court has prima facie observed that service tax is not leviable on amounts claimed by an Assessee as commission or performance linked benefit. In that case, the Tribunal dealt with the issue of whether the incentives paid by airlines to travel agents for achieving targets was liable to service tax under the category of 'Business Auxiliary Service'. …

Delhi High Court Tax Service Petitioner Crs Prima Facie

4 days, 9 hours ago

Prima Facie 'Law Maker Broke The Law': Punjab & Haryana HC Refuses MLA Mamman Khan's Plea Against Separate Trial In Nuh Violence Case

Live Law

The Punjab & Haryana High Court has dismissed the plea filed by Congress MLA Mamman Khan against segregation of his trial by the trial court in Nuh from other accused in connection with the July 2023 Nuh violence case. Justice Mahabir Singh Sindhu said, "in view of the charges framed by learned trial Court, prima facie, it is discernible that …

Law Trial Court Haryana Trial Court Order Case

5 days, 4 hours ago

If Remedy For Cause Of Action Falls Within Scope Of Arbitration Agreement, Counter Party Cannot Be Compelled To Defend It In A Suit: Delhi HC

Live Law

The Delhi High Court Bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela held that the scope of examination in an application under Section 8 of the Act is limited to prima facie examining the validity and existence of the arbitration agreement. Once it is accepted that a valid arbitration agreement exists between the parties, the court …

Arbitration Dispute Court Parties Application Agreement Respondent

6 days, 23 hours ago

Bombay High Court Stays ₹4 Crore Penalty Imposed On Patanjali Ayurveda In Trademark Infringement Case

Live Law

A division bench of the Bombay High Court has stayed the operation of a single judge's order against Patanjali Ayurved Ltd., which had ordered the company to pay an amount of Rs 4 crores for violating the Court's ad-interim order in relation to a trademark infringement case filed by Mangalam Organics Ltd. Patanjali filed an interim application challenging the single …

Court Penalty Order Cpc Prima Facie Patanjali 4 Crore

1 week, 1 day ago

Complete Supreme Court Quarterly Digest 2024- [July To September]

Live Law

Advocate All miscellaneous amounts charged by Bar Councils for enrolment are 'enrolment fees'. Karnataka EMTA Coal Mines Ltd. v. Central Bureau of Investigation, 2024 LiveLaw 606 Section 227 – Discharge of accused in criminal cases – When an application for discharge is filed under Section 227, Cr.PC, the Court concerned is bound to disclose the reason, though, not in detail, …

India Karnataka Tamil Nadu Delhi Supreme Court High Court Bihar

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

Live Law

The Calcutta High Court has quashed a case of alleged rape filed by a woman, against a man, who she was in a consensual relationship with. The court said: From the said materials, in the case diary, this Court finds that the de facto complainant was aware that the petitioner was not interested in marriage but still continued the relationship …

Relationship Case Complainant Petitioner Prima Facie Court Quashes False Promise

1 week, 5 days ago

Bombay High Court grants bail to 14 accused in Mira Road communal violence case

The Hindu

The Bombay High Court has granted bail to 14 Muslim men arrested for their alleged involvement in the Mira Road communal violence this January. Noting that their further detention appeared ‘tenuous’, a Single Bench judge, Justice Nijamoodin J. Jamadar observed, “Prima facie, it appears that premeditation or a prior meeting of mind to attack the members of the convoy cannot …

Court Applicants Prima Facie Shall Prima Mira Road

1 week, 6 days ago

Mira Road Communal Riots: Bombay High Court Grants Bail To 14 Muslim Men, Booked For Rioting, Injuring Hindu Family

Live Law

The Bombay High Court on Monday granted bail to 14 Muslim men accused of rioting and injuring a Hindu family as it celebrated the consecration of the Ayodhya Lord Ram Temple in Mira Road, on January 21, this year. Notably, communal riots took place in Mira Road during the night hours on January 21, 2024, when the complainant Vinod Jaiswal, …

Accused Muslim Prima Facie Mira Road Jamadar

2 weeks ago

Mere Giving Of Hand Loans On One Or Two Occasions Is Not 'Money Lending Business': Kerala High Court

Live Law

The Kerala High Court has ruled that the mere giving of hand loans on one or two occasions cannot be considered as engaging in money lending business, since that would discourage people from offering emergency hand loans due to fear of penal consequences under the Kerala Money-Lenders Act and Kerala Prohibition of Charging Exorbitant Interest Act. In order to say …

Business Kerala Court Money Loans Interest Hand

2 weeks, 3 days ago

Informal Opinion Rendered By Expert Not Binding On Court: Madras High Court Grants Bail To Man Found In Possession Of Magic Mushrooms

Live Law

The Madras High Court recently held that while considering bail applications, an informal opinion rendered by an expert was not binding on the court. It reiterated that while exercising bail jurisdiction, the court had to consider the language adopted in the enactment and only had to be prima facie satisfied whether there was a reasonable chance of conviction. The court …

Opinion Bail Expert Act Madras High Court Prima Facie Commercial Quantity

3 weeks, 2 days ago

Army Authorities Escaping Onerous Legal Obligation: Punjab & Haryana HC Upholds Grant Of 'Disability Pension' To Officer With Hearing Loss

Live Law

The Punjab and Haryana High Court has upheld Armed Forces Tribunal's decision to grant "disability pension" to an army officer who during the course of his service developed loss of hearing which was assessed by the medical board as less than 20% for life and was also declared to become aggravated by rendition of military service. In doing so the …

Disability Court Pension Military Service Union Compassionate Grounds Service

3 weeks, 5 days 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

3 weeks, 6 days ago

[NDPS Act] Prima Facie Every Cell Of Magic Mushroom Contains Chemical, To Be Weighed Entirely To Ascertain Commercial Quantity: Madras HC

Live Law

While hearing a bail plea under the NDPS Act, the Madras High Court recently noted that every cell of 'magic mushroom' contains psychotropic chemicals and hence the entire mushroom would have to be weighed to determine if the quantity confiscated is falling under commercial quantity. Justice Bharatha Chakravarthy thus while dismissing a bail plea prima facie differed from the stand …

Court Magic Commercial Chemical High Mushroom Madras

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

1 month ago

[S. 498A IPC] Second Wife Not Guilty Of Cruelty Merely Because Husband Married Her During Lifetime Of First Wife: Calcutta High Court

Live Law

The Calcutta High Court has quashed a case against a man's second wife, under various sections of the IPC including Section 498A, Section 494, 406 and Section 506, as well as under Sections 3/4 of the Dowry Prohibition Act by his first wife.Justice Shampa Paul quashed the charges and held: "Offence alleged under Section 494 of IPC is applicable to …

Court Respect Section 498A Ipc Second Alleged Husband

1 month ago

Body Shaming By Sister-In-Law Is Prima Facie Wilful Conduct Affecting Mental Health Of Woman To Attract Cruelty U/S 498A IPC: Kerala HC

Live Law

The Kerala High Court has stated that body shaming of a woman by her sister-in-law would prima facie amount to wilful conduct to cause injury to health of a woman to attract an offence of cruelty under Section 498A of the IPC. The overt acts, at the instance of the petitioner, prima facie to be read as wilful conduct which …

Court Criminal Proceedings Relative 498A Section 498A Ipc Term

S. 11(6) A&C Act | Referral Courts Should Limit Its Enquiry To Prima Facie Existence Of Arbitration Agreement : Supreme Court

Live Law

In a recent decision, the Supreme Court reiterated that the referral courts under Section 11 of the Arbitration & Conciliation Act, 1996 should refrain from conducting an in-depth factual analysis of the dispute. “The scope of inquiry under Section 11 of the Act, 1996 is limited to ascertaining the prima facie existence of an arbitration agreement. In our view, such …

Supreme Court Arbitration Court Courts Tribunal Act Limited

S. 11(6) A&C Act | Referral Courts Should Limit Its Enquiry To Prima Facie Existence Of Arbitration Agreement : Supreme Court

Live Law

In a recent decision, the Supreme Court reiterated that the referral courts under Section 11 of the Arbitration & Conciliation Act, 1996 should refrain from conducting an in-depth factual analysis of the dispute. “The scope of inquiry under Section 11 of the Act, 1996 is limited to ascertaining the prima facie existence of an arbitration agreement. In our view, such …

Supreme Court Arbitration Court Courts Tribunal Act Limited

1 month, 1 week ago

IAS officer popular as ‘collector bro’ on social media suspended

Hindustan Times

From being hailed as the “collector bro” for his ingenious social media initiatives as the district collector of Kozhikode between 2015 and 17 to now being suspended on charges of “grave indiscipline” and “derogatory statements” on the same online platforms, IAS officer N Prasanth’s career in Kerala has seen an interesting graph of ups and downs. N Prasanth Prasanth, a …

Social Media Kerala Indian Service State Officer Mou

2 months ago

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order

News 18

The Supreme Court has quashed a case filed against a man for rape on false promise of marriage. The court found that there was a huge irregularity between the statements of the complainant that the accused ‘established physical relationship with her without her consent’ and ‘started living with her as her husband’. The bench also noted that it was evident …

Law Crime Relationships Consent Ghazipur

3 months ago

Karnataka High Court Refuses To Quash Cheating Case Against Ex-MLA Lingesh, Others Accused Of Bartering Away ₹750 Cr Worth Govt Land

Live Law

The Karnataka High Court refused to quash a cheating and criminal conspiracy case lodged against former MLA Lingesh K S–who was the Chairman of a committee for regularisation of land between 2016-2023, after "prima facie" observing that the committee had bartered away government land as if it was its personal property. The high court observed that if the petition is …

High Court Court Land Members Kar Away Lands

3 months, 1 week ago

Kerala High Court Grants Bail To One PFI Member Accused In RSS Leader Sreenivasan's Murder, Denies Bail To Two Others

Live Law

The Kerala High Court has granted bail to one Shihab P, an alleged member of the Popular Front of India, accused for murder of RSS leader Sreenivasan at Melamuri Junction in Palakkad Town in Kerala on April 16, 2022. The Court however denied bail to Kaja Hussain and Jaleel P, also alleged to be PFI members involved in the murder, …

Kerala High Court Bail Accused Hussain Ker Prima Facie

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Articles for Prima Facie

Prima Facie Disturbed Harmony In Society: Delhi HC Refuses To Quash FIR Against DU Professor Over Post Relating To Gyanvapi Mosque

Service Tax Not Prima Facie Leviable On Amounts Claimed As Performance Linked Incentives/Commission: Delhi High Court

Service Tax Not Prima Facie Leviable On Amounts Claimed As Performance Linked Incentives/Commission: Delhi High Court

Prima Facie 'Law Maker Broke The Law': Punjab & Haryana HC Refuses MLA Mamman Khan's Plea Against Separate Trial In Nuh Violence Case

If Remedy For Cause Of Action Falls Within Scope Of Arbitration Agreement, Counter Party Cannot Be Compelled To Defend It In A Suit: Delhi HC

Bombay High Court Stays ₹4 Crore Penalty Imposed On Patanjali Ayurveda In Trademark Infringement Case

Complete Supreme Court Quarterly Digest 2024- [July To September]

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

Bombay High Court grants bail to 14 accused in Mira Road communal violence case

Mira Road Communal Riots: Bombay High Court Grants Bail To 14 Muslim Men, Booked For Rioting, Injuring Hindu Family

Mere Giving Of Hand Loans On One Or Two Occasions Is Not 'Money Lending Business': Kerala High Court

Informal Opinion Rendered By Expert Not Binding On Court: Madras High Court Grants Bail To Man Found In Possession Of Magic Mushrooms

Army Authorities Escaping Onerous Legal Obligation: Punjab & Haryana HC Upholds Grant Of 'Disability Pension' To Officer With Hearing Loss

Supreme Court Quarterly Criminal Digest 2024 [July - September]

[NDPS Act] Prima Facie Every Cell Of Magic Mushroom Contains Chemical, To Be Weighed Entirely To Ascertain Commercial Quantity: Madras HC

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

[S. 498A IPC] Second Wife Not Guilty Of Cruelty Merely Because Husband Married Her During Lifetime Of First Wife: Calcutta High Court

Body Shaming By Sister-In-Law Is Prima Facie Wilful Conduct Affecting Mental Health Of Woman To Attract Cruelty U/S 498A IPC: Kerala HC

S. 11(6) A&C Act | Referral Courts Should Limit Its Enquiry To Prima Facie Existence Of Arbitration Agreement : Supreme Court

S. 11(6) A&C Act | Referral Courts Should Limit Its Enquiry To Prima Facie Existence Of Arbitration Agreement : Supreme Court

IAS officer popular as ‘collector bro’ on social media suspended

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order

Karnataka High Court Refuses To Quash Cheating Case Against Ex-MLA Lingesh, Others Accused Of Bartering Away ₹750 Cr Worth Govt Land

Kerala High Court Grants Bail To One PFI Member Accused In RSS Leader Sreenivasan's Murder, Denies Bail To Two Others