Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482(4), Bharatiya Nyaya Sanhita, 2023, Section 65, 61(2), 137(2), 303(2), 308(2) -- Anticipatory bail - Rape - Victim was less than 16 years of age at the time of alleged offence as per date of birth certificate of victim girl issued by Registrar of Birth and Death - Prima facie, it appears that S.65(1) BNS would be..........
Indian Penal Code, 1860, Section 409, 420, 120B, 34, 37 -- (Bharatiya Nyaya Sanhita, 2023, Ss.316(5), 318(4), 61(2), 3(5), 3(8)), Prevention of Corruption Act, 1988, Ss.7, 7A, 8, 13(1)(b), 13(2), Criminal Procedure Code, 1973, S.438 (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Offence u/Ss.409, 420, 120-B, 34, 37 IPC and 7, 7A, 8, 13(1)(b), 13(2) PCA - Anticipatory..........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory Bail - Political biasness/ Political vendetta - Accused establishing a prima facie case of political biasness is insufficient for the grant of anticipatory bail, if evidence/material available on record constitutes a prima facie case against the accused...........
Criminal Procedure Code, 1973, Section 438, 161 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.482, 180), Evidence Act, 1872, S.30 - Anticipatory bail - Confession of co-accused - Statement recorded u/S.161 Cr.P.C (S.180 BNSS) - While it is permissible for Courts to examine statements recorded u/s 161 Cr.P.C. for the purpose of ascertaining whether a prima-facie case has..........
Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, Section 10 -- Land grabbing - Burden of proof - Initial burden prima facie to prove ownership of land is on person who asserts it by way of an application alleging an act of land grabbing - On prima facie proof being offered onus will shift to land grabber, since there is a presumption arising if ownership of subject..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Claim of plaintiff is based on agreement to sell - Plaintiff was not able to prove prima facie case in his favour - Merely by producing photographs etc. petitioner could not prove his possession over plot in dispute - Defendants produced a number of documents to demolish case of plaintiff and were..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Court must satisfy three essential prerequisites before granting an interim injunction i.e: (i) existence of a prima facie case in favour of applicant evincing a reasonable probability of success at trial; (ii) balance of convenience lies in favour of granting injunctive relief; and (iii) applicant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Appellant is incontrovertibly absolute owner of property with disputed area constituting merely a fraction of entire premises - He has already entered into an agreement to redevelop the property - In these circumstances, restraint imposed by impugned injunction order significantly circumscribes..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - At the stage of bail, Court is not to undertake a detailed evaluation of evidence or return conclusive findings - However, a prima facie assessment is warranted to determine whether continued incarceration is justified...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 304B, 498A, 306, 35 -- Bail - Dowry death - Deceased died under unnatural circumstances within approximately five years of her marriage - Allegations of dowry harassment are specifically tied to claim that applicant pressurized deceased to arrange funds for the payment of car..........
