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Bombay High Court Allows Accused's Discharge in Corruption Case Due to Lack of Valid Sanction Under Section 19 of Prevention of Corruption Act, 1988. Absence of Sanction from Competent Authority Renders Prosecution Void and Accused Entitled to Discharge.

The case involves a criminal application filed under Section 482 of the Code of Criminal Procedure, 1973 by the applicant/accused, Kamlakar Sharad Vis...

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Bombay High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Invalid Sanction. Sanction order under Prevention of Corruption Act, 1988 must show application of mind and failure to do so vitiates prosecution.

The State of Maharashtra filed an appeal against the acquittal of the respondent (original accused) by the Special Judge, Pune, for offences under Sec...

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Bombay High Court Considers Challenge to Sanction Order Under Section 197 CrPC – Petitioner Alleges Improper Review of Earlier Refusal. Alleged Lack of Fresh Material and Improper Reconsideration of Evidence Previously Rejected.

The petitioner, a public servant, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 4th February 2016 p...

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Bombay High Court Dismisses Petitions Challenging POTA Sanction and Review Committee's Confirmation. Court upholds validity of sanction under Section 45 of POTA and affirms that POTA Review Committee has jurisdiction to confirm or revoke sanction under Section 60 of POTA.

The petitioners, who were accused in a case involving offences under the Prevention of Terrorism Act, 2002 (POTA) and the Unlawful Activities (Prevent...

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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.

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...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...