Search Results for "President's sanction"

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Search Results for "President's sanction"

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High Court

Bombay High Court Quashes Corruption Proceedings Against Retired Engineer in Gosikhurd Project Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988 Renders Prosecution Invalid. Sanction under Section 19 of Prevention of Corruption Act, 1988 is mandatory for prosecution of public servant; proceedings quashed under Section 482 CrPC for want of valid sanction.

10 Mar 2017

The applicant, Sanjay Laxman Kholapurkar, a retired Superintending Engineer of the Irrigation Department, Government of Maharashtra, filed an applicat...

High Court

High Court of Karnataka Dismisses Petition Quashing Discharge Rejection in CBI Murder Conspiracy Case. No Sanction Required Under Section 197 CrPC as Alleged Acts Were Not in Performance of Official Duty.

6 Oct 2023

The petitioner, a government servant and accused No. 21, was charged in a murder case involving a property dispute that later expanded to include cons...

Supreme Court

Supreme Court Allows Appeal of BIS Employee in Sexual Harassment Case Due to Lack of Sanction for Prosecution. Sanction for prosecution under Section 197 CrPC is mandatory for public servants acting in official capacity; refusal of sanction by competent authority renders criminal proceedings invalid.

1 Dec 2023

The present criminal appeal arises from an order of the High Court of Judicature at Allahabad, Lucknow Bench, which dismissed the appellant's petition...

High Court

Bombay High Court Dismisses Petition Challenging FEMA Show Cause Notices Against BCCI President. Section 42 of FEMA applies to persons in charge of and responsible for the conduct of business of a company, and the petitioner as President is covered.

7 Aug 2013

The petitioner, Shashank Vyankatesh Manohar, was the President of the Board of Control for Cricket in India (BCCI) from 2008 to 2011. During this peri...

High Court

Bombay High Court Considers Validity of Revised Sanction for Prosecution of Police Officer Under IPC for Kidnapping. Question Whether Fresh Material Required for Second Sanction Order Under Section 197 CrPC and Bar of Section 161 Maharashtra Police Act.

23 Nov 2016

The instant criminal writ petition was filed under Section 482 of the Criminal Procedure Code, 1973 read with Article 227 of the Constitution of India...

High Court

High Court Sets Aside Acquittal in Prevention of Corruption Act Case Due to Erroneous Finding on Sanction Requirement for Retired Public Servant. The court held that sanction under Section 19 of the Prevention of Corruption Act, 1988 is not necessary when the public servant has retired before the date of taking cognizance, and the acquittal based solely on invalidity of sanction was contrary to law.

18 May 2017

The appeal arose from a judgment of acquittal recorded by the Special Judge, Akola, in a corruption case under the Prevention of Corruption Act, 1988....

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Public Servants in Corruption Cases for Lack of Sanction Under Section 197 CrPC and Section 19 PC Act — Proceedings Initiated Without Valid Sanction Are Void Ab Initio.

8 Sep 2016

The judgment involves multiple criminal petitions and writ petitions filed by public servants of the Hassan Urban Development Authority seeking quashi...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Former Officers of Mysore Paper Mills in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988 Renders Proceedings Invalid. The court held that the order taking cognizance without prior sanction is invalid and the proceedings are liable to be quashed.

25 Nov 2021

The petitioners, former officers of Mysore Paper Mills (a State Government undertaking), challenged the order dated 06-05-2013 passed by the Principal...

High Court

High Court of Karnataka Quashes Cognizance Order Against Accused No.3 in Corruption Case Due to Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. The court held that sanction for prosecution is a mandatory condition precedent for taking cognizance against a public servant, and its absence renders the proceedings void ab initio.

26 Jun 2023

The petitioner, Shri M.R. Seetharam, was arrayed as accused No.3 in Spl.C.C. No.656/2021 pending before the XXIII Additional City Civil and Sessions J...

High Court

Bombay High Court Quashes Investigation Order Against Chief Secretary in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act. Court held that no court can take cognizance of an offence under the Act without prior sanction for prosecution of a public servant, and the order under Section 156(3) CrPC directing investigation was invalid as it effectively bypassed the mandatory sanction requirement.

22 Apr 2019

The applicant, UPS Madan, who was the Additional Chief Secretary (Finance) and later Chief Secretary of Maharashtra, filed an application under Sectio...

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