Search Results for "cognizance void"

Trending :

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment ...
Bombay High Court Upholds Conviction of Appellant for Murder Under Section 302 I...
High Court of Bombay Quashes Deputy Registrar's Directives in Co-operative Socie...

Search Results for "cognizance void"

343 result(s) found

Home Search Results

Scroll Down To Discover

Found 343 result(s)

High Court

Validity of Prosecution Sanctions: Pre-Trial Determination or Trial Issue? A comprehensive analysis of conflicting Apex Court judgments on the timing and significance of challenging prosecution sanctions under the Prevention of Corruption Act, 1988.

3 Jul 2024

The legal debate on whether the validity of a prosecution sanction must be determined before trial or can be contested during the trial. It examines k...

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 Allows State's Revision Petitions Against Order Allowing Discharge Under Section 19 of Prevention of Corruption Act, 1988. Court Holds That Sanction for Prosecution Is Not Required at the Stage of Taking Cognizance Under Section 19 of the PC Act.

28 Sep 2018

The State of Karnataka, through the Anti Corruption Bureau, Udupi District, filed two criminal revision petitions under Sections 397 and 401 of the Co...

High Court

High Court of Karnataka Allows State's Revision Against Order Dismissing Complaint Under Section 19 of Prevention of Corruption Act, 1988 — Sanction Not Required at Pre-Cognizance Stage. The court held that the trial court erred in allowing the application under Section 19 and dismissing the complaint without considering whether a prima facie case was made out.

28 Sep 2018

The State of Karnataka, through the Anti Corruption Bureau, Udupi District, filed two criminal revision petitions under Sections 397 and 401 of the Co...

High Court

High Court of Bombay at Goa Allows Police Officer's Petition Under Section 482 Cr.P.C. to Quash Orders Directing Registration of Complaint — Complaint Held to be Malicious and Abuse of Process. The court found that the complaint was a counterblast to the FIR lodged by the officer and was filed with malafide intent to harass him, and thus the inherent powers under Section 482 Cr.P.C. were invoked to prevent abuse of process.

5 Jan 2018

The petitioner, a Police Sub-Inspector, filed a Criminal Application under Section 482 Cr.P.C. seeking quashing of an order dated 9th July 2013 passed...

High Court

Bombay High Court Quashes FIR and Chargesheet in Environment Protection Act Case Due to Lack of Sanction and Cognizance Error. The court held that the Magistrate failed to apply mind and sanction was not validly obtained, rendering the proceedings an abuse of process.

10 Oct 2017

The applicants filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.3 of 2012 registered ...

High Court

Bombay High Court Quashes Criminal Proceedings in Land Dispute Case Due to Civil Nature of Dispute. Family Settlement Mutation Entry Not Attracting Criminal Offences Under IPC Sections 420, 465, 467, 468, 471, 504, 506 r/w 34.

10 Jan 2017

The applicant, Smt. Linabai @ Pramilabai Dhivare, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 before the Bo...

High Court

High Court of Karnataka Quashes Prosecution Sanction Against Former Lokayuktha in Corruption Case — Sanction Order Held Invalid for Non-Application of Mind and Lack of Independent Consideration by Governor. The court held that the Governor's sanction under Section 19 of Prevention of Corruption Act, 1988 must reflect independent application of mind, and a mechanical endorsement of the investigating agency's proposal renders the sanction invalid, vitiating the entire prosecution.

22 Nov 2016

The petitioner, Dr. Y. Bhaskar Rao, a former Karnataka State Lokayuktha, was arraigned as accused no.7 in Spl.CC 429/2015 for offences under the Preve...

High Court

Bombay High Court Quashes NDPS Prosecution for Lack of Sanction Under Section 36A(2) of NDPS Act — Cognizance by Special Court Without Valid Sanction Held Illegal. The court held that the mandatory requirement of previous sanction under Section 36A(2) of the NDPS Act was not complied with, rendering the entire prosecution void.

9 Feb 2015

The applicants, Shailesh Kanada (accused No.3) and Kailash Rajput (accused No.2), were prosecuted in NDPS Special Case No.51/13 pending before the Spe...

High Court

Bombay High Court Upholds Transfer of MCOC Case to Sessions Court for Lack of Jurisdiction — Offence Not Under MCOC Act. Special Court Correctly Found No Organized Crime Syndicate or Continuing Unlawful Activity Under Section 2(1)(e) and Section 3 of MCOC Act.

25 Jun 2014

The case involves two appeals against an order dated 7th October 2011 passed by the Special Court under the Maharashtra Control of Organized Crime Act...

1 2 3 4

Full Name * Username * Mobile Number * Email Address * State/UT * City * Password * Confirm Password * Referral Code (Optional)