Search Results for "sanction under Section 279"

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Search Results for "sanction under Section 279"

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High Court

Gujarat High Court Quashes Notice of Accusation in Cheque Dishonour Case Due to Non-Compliance with Mandatory Pre-Litigation Mediation Under Section 148 of NI Act. The court held that Section 148 of the Negotiable Instruments Act, 1881 mandates pre-litigation mediation before filing a complaint under Section 138, and non-compliance renders the complaint not maintainable.

13 Jan 2026

The petitioner, Sanjay Singh, filed a petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha ...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Company and Chairman in TDS Default Case — Failure to Remit TDS Not an Offence Under Section 276-B of Income Tax Act if Tax is Subsequently Paid with Interest. The court held that the prosecution under Section 276-B read with Section 278-B of the Income Tax Act, 1961 is not maintainable when the deducted tax has been paid along with interest before the initiation of proceedings.

18 Jan 2014

The petitioners, M/s Kingfisher Airlines Ltd. and its Chairman and Managing Director, Sri Vijay Mallya, filed three criminal petitions under Section 4...

High Court

High Court of Karnataka Allows Income Tax Department's Appeal Against Acquittal in Section 276CC Case — Magistrate's Closure Order Set Aside for Non-Compliance with Mandatory Pre-Cognizance Notice Under Section 279(1) of Income Tax Act. The court held that the requirement of sanction under Section 279(1) is a condition precedent for taking cognizance, not for filing the complaint, and the Magistrate's closure order was premature.

19 Jul 2022

The Income Tax Department filed multiple criminal appeals against the order dated 03.04.2021 passed by the Magistrate of JMFC-III Court, Belagavi, rec...

High Court

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.

6 Nov 2017

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

High Court

Bombay High Court Allows Criminal Revision in Income Tax Prosecution and Quashes Sessions Court Order Adding Partners as Accused Without Sanction Under Section 279 of Income Tax Act, 1961. Section 319 CrPC Application Fails as Prior Order Treating Partners as Representatives Was Final and Partnership Facts Were Already Known to Income Tax Department.

18 Jul 2025

The matter arose from three criminal revision applications before the Bombay High Court challenging an order of the Sessions Court dated 18 November 2...

High Court

Bombay High Court Quashes PMLA Proceedings Against Accused in Seva Bank Loan Fraud Case — Lack of Scheduled Offence and Non-Application of Mind in ECIR Registration. The court held that the ECIR was registered solely on the basis of FIR No.163/2018 involving Section 420 IPC, but the subsequent FIRs (525/2021, 526/2021, 527/2021) which included other scheduled offences were not considered, and the proceeds of crime were not properly identified, rendering the PMLA proceedings unsustainable.

29 Aug 2024

The judgment concerns multiple writ petitions filed by individuals accused in connection with alleged loan fraud involving Seva Vikas Co-operative Ban...

Supreme Court

Compounding of Offences – Definition of First Offence – Discretion of Tax Authorities.

7 Feb 2025

Income Tax Act, 1961 – Section 276CC – Compounding of Offences – Discretionary Relief – Interpretation of Guidelines – Supreme Court’s Rev...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for Lack of Proper Sanction. Reassessment proceedings initiated without valid approval under Section 151 of the Income Tax Act, 1961 are invalid.

17 Oct 2025

The petitioner, Vilas Babankrao Kalokhe, challenged a reassessment notice dated 30-03-2022 issued under Section 148 of the Income Tax Act, 1961 for th...

High Court

Bombay High Court Quashes Defamation Proceedings Against Journalist for Lack of Sanction Under Section 197 CrPC. Press Reporter's Official Duty Publication Requires Prior Sanction Before Prosecution for Defamation Under Sections 499/500 IPC.

3 Jul 2015

The petitioner, Yogesh Balkrishna Kakade, a press reporter by occupation, was the accused in a defamation case (STC No.643 of 2008) pending before the...

High Court

Karnataka High Court Dharwad Bench Hears Petitions Filed Under Section 482 Cr.P.C. Seeking Quashing of Criminal Proceedings for Alleged Offence Under Section 50 of Black Money (Undisclosed Foreign Income and Assets) Imposition of Tax Act, 2015. The complaints allege commission of offence under Section 50 of the Black Money (Undisclosed Foreign Income and Assets) Imposition of Tax Act, 2015 against family members holding BVI companies.

7 Jun 2024

These eight criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973 sought quashing of multiple criminal proceedings pendin...

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