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Checking relevance for Devendra VS State of U. P. ...
2009 0 Supreme(SC) 973 : A prima facie case refers to a situation where the allegations made in the complaint or FIR, even if taken at their face value and accepted in entirety, are sufficient to disclose the commission of an offence. The revisional or inherent powers to quash proceedings at the initial stage should only be exercised when such a prima facie case does not exist.Checking relevance for S. W. Palanitkar VS State Of Bihar...
2001 8 Supreme 216 : A prima facie case refers to a situation where the evidence presented, when taken at face value, is sufficient to establish the essential ingredients of an offence and show that there is a reasonable basis to proceed with the prosecution. It does not require proof beyond doubt or sufficient ground for conviction, but rather a showing that there is enough evidence to justify issuing process and allowing the matter to go to trial. This standard is applied during the Section 202 inquiry under the Cr. P.C., where the Magistrate examines the complainant and witnesses to determine whether a prima facie case is made out against the accused. The test is not whether the accused will ultimately be convicted, but whether the allegations, if believed, would constitute an offence. The court must not refuse process merely because the accused may have a defence, unless the evidence is self-contradictory or inherently untrustworthy.Checking relevance for Vidya Drolia VS Durga Trading Corporation...
2020 8 Supreme 561 : A ''''prima facie case'''' means a party has established an initial presumption by satisfying the burden of producing evidence, rather than meeting a high evidentiary standard. It refers to a showing that is sufficient to establish a case unless contradicted or rebutted. The term is used to determine whether there is a valid arbitration agreement under Section 8 of the Act, and it is not equivalent to a full proof of the claim, but rather a threshold requirement to trigger further proceedings. This interpretation is supported by the Shin-Etsu Case and Antique Arts, which emphasize that a prima facie case requires more than a bald plea of fraud, coercion, or undue influence—there must be material placed before the court to establish such a claim on a prima facie basis.Checking relevance for M. Mohan VS State Represented By The Deputy Superintendent of Police...
2011 2 Supreme 220 : A prima facie case refers to a situation where the allegations made in the complaint, supported by oral and documentary evidence, are sufficient to establish that an offence has been committed by the accused. The Magistrate must examine the nature of the allegations and the evidence to determine whether there is a prima facie case before summoning the accused. This involves scrutinizing the evidence, potentially asking questions to the complainant and witnesses, and assessing whether the evidence indicates that an offence is prima facie committed by the accused.Checking relevance for ABHIJIT PAWAR VS HEMANT MADHUKAR NIMBALKAR...
2016 0 Supreme(SC) 999 : The document explains that a ''''prima facie case'''' refers to a presumption that the declaration made under the Press and Registration of Books Act, 1861—specifically, the declaration of a person as ''''editor''''—is sufficient evidence in any legal proceedings, whether civil or criminal, regarding the person''''s status and responsibility. This presumption is rebuttable, meaning it can be challenged, and does not automatically impose criminal liability. The document emphasizes that such a declaration is prima facie evidence of the person''''s role as editor, but actual liability requires more than just the title or declaration, including proof of knowledge and consent to the publication of objectionable content.
