Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Requirement of prima facie existence of an arbitration agreement as stipulated u/s 11 of the Act is satisfied - Former Chief Justice of High Court of Judicature at Bombay appointed as sole arbitrator...........
Service -- Departmental inquiry - Rules providing for recording prima facie satisfaction for holing a disciplinary enquiry - Recording of satisfaction before holding a departmental inquiry was mandatory...........
Service -- Termination - Respondent took a long leave without allowance of 20 years - However, he had not resumed his duties immediately on the expiry of said leave period - Order of termination was passed by Vice Chancellor on the basis of inquiry report - No material at any stage has been brought on record to establish that any prima facie satisfaction was recorded..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Trade mark - Restraining defendant from using trade mark, label and logo - Interim injunction granted on prima facie factual finding that colour of packaging material and photo, designs used in both the labels are similar and without detailed analysis, difference cannot be made out and that it can lead..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 250, Indian Penal Code, 1860, Section 376(2)(n) -- Discharge - Rape - Specific case of prosecution is that accused maintained a love affair with victim on the promise of marriage and he subjected her to sexual intercourse twice repeating the said promise - Prima facie materials of prosecution would show that offence u/s..........
Criminal Procedure Code, 1973, Section 227, 239, 240 -- Discharge - At the stage of formation of opinion u/ss 227, 239, 240 Cr.P.C, Court is not required to weigh the probative value of material brought on record in the golden scale or to presume the prosecution story as gospel truth - Nature and degree of evaluation at this stage is limited to determine whether a prima..........
Indian Penal Code, 1860, Section 420 -- Cheating - Prima facie reading of FIR does not disclose commission of a cognizable offence of cheating - Intention to cheat from the beginning could not be made out from the complaint - Even, there is no whiff of any dishonesty or intention to deceive in any of statements of witnesses as recorded by police - Offence u/s 420 IPC not..........
Succession Act, 1925, Section 372, 373 -- Succession certificate - In the matter of grant of succession certificate, duty is cast upon succession Court to investigate on the point as to whether applicant has prima facie right for succession certificate, as such right cannot be adjudicated and decided on the basis of compromise...........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minors - Plaintiff while filing suit against minors is required to file list of relatives of minors and other persons with their addresses, who prima facie may be capable of acting as guardian for the suit for a minor defendant...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- Anticipatory Bail in an offence under SCST Act - No Absolute Bar - S.18 of the Act does not impose an absolute bar on the grant of anticipatory bail in cases registered under the Act - Held that (a) Term `arrest' appearing in the text of S.18 of the Act should be construed and..........
