Search Results for "mechanical sanction"

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Bombay High Court Quashes Reassessment Notice in Income Tax Case for Lack of Fresh Material. Reopening of Assessment Under Section 147 of Income Tax Act, 1961 Invalid When Based on Same Material Already Considered in Original Assessment.

The petitioner, Siemens Financial Services Pvt Ltd, a Non-Banking Finance Company registered with RBI, filed its return of income for Assessment Year ...

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Bombay High Court Quashes Investigation Order Against Police Officer in Corruption Case for Lack of Sanction. The court held that a public servant cannot be investigated under the Prevention of Corruption Act without prior sanction under Section 197 CrPC and Section 19 PC Act.

The case involves a criminal revision application filed by Vikas Wagh, a police officer, challenging an order dated 24 January 2014 passed by the lear...

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KAHC010006872022_1

The case arose from a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of proceedings in C.C.No.261...

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Bombay High Court Dismisses State's Appeal Against Discharge of Accused in MCOCA Case Due to Invalid Sanction. Sanction Under Section 23(2) MCOCA Found to Be Without Application of Mind, Leading to Discharge of All Accused.

The State of Maharashtra appealed against an order dated 8th August 2014 passed by the Special Judge under the Maharashtra Control of Organised Crime ...

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Bombay High Court Disposes Writ Petitions by Police Officers Challenging Investigation Order Under Section 156(3) CrPC. Court Considers Whether Judicial Magistrate First Class Could Direct Investigation Without Application of Mind.

The High Court of Judicature at Bombay heard two writ petitions filed by police officers challenging an order of the Judicial Magistrate First Class, ...

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Bombay High Court Dismisses State Appeal Against Dropping of Corruption Case for Lack of Sanction. Trial Court's Order Dropping Prosecution Under Sections 7 and 13(2) of Prevention of Corruption Act, 1988 Upheld as Sanction Under Section 19 is Mandatory.

The State of Maharashtra appealed against the judgment and order dated 07.12.1999 passed by the Special Judge, Pune, in Special A/C Case No. 6 of 1991...

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Bombay High Court Quashes MCOCA Prosecution for Invalid Sanction — Lack of Application of Mind by Sanctioning Authority. Sanction under Section 23(2) of Maharashtra Control of Organised Crime Act, 1999 must reflect due consideration of material; mechanical grant vitiates prosecution.

The Bombay High Court disposed of four criminal writ petitions filed by Pradip Madgaonkar @ Bandya Mama, Vinod G. Asrani, and Jayant Rajaram Mule, cha...

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Bombay High Court Dismisses State's Revision Against Acquittal in Corruption Case Due to Lack of Valid Sanction Under Section 19 of Prevention of Corruption Act, 1988. Sanction for Prosecution of Public Servants Must Show Application of Mind, Absence Renders Trial Void.

The case involves a criminal writ petition filed by the State of Maharashtra challenging the acquittal of three respondents, Sanjivkumar Bapurao Wadik...