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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.

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...

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Bombay High Court Quashes Clarification in Direct Tax Vivad se Vishwas Act, 2020 — Circular No.21/2020 Held Ultra Vires. The clarification requiring withdrawal of appeal as a condition for filing declaration under the Act was struck down as arbitrary and violative of Article 14.

The petitioner, Macrotech Developers Limited, a public limited company engaged in real estate, filed a writ petition under Article 226 challenging a c...

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Bombay High Court Quashes Discharge of District Judge in NSEL Scam Case — Rule 13(4)(ii)(b) of MJS Rules Violates Articles 14 and 311(2) as It Imposes Penalty Without Inquiry. The court held that discharge of a probationer without inquiry is punitive and unconstitutional.

The petitioner, Ajay Ramesh Dinode, was appointed as a District Judge by nomination in August 2014 and posted as Additional District and Sessions Judg...

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Bombay High Court Dismisses Contempt Petition for Alleged Violation of Interim Stay Order in Specific Performance Suit — No Willful Disobedience Found as Sale Deed Was Executed Through Court Process.

The Petitioner, Manohar Modku Tadse, filed a Contempt Petition alleging that the Respondent, Banwarilal S/o Kashiram Dewangan, willfully disobeyed an ...

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High Court of Karnataka Dismisses PIL Seeking Records of Import of Ground Handling Equipment During Aero India Shows. Petitioners failed to establish any specific instance of smuggling or violation of law, and the petition was found to be based on vague allegations and unsubstantiated claims.

The petitioners, Nishchal Padhya and Arun Goyal, filed a Public Interest Litigation (PIL) under Article 226 of the Constitution of India before the Hi...

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Bombay High Court Upholds Conviction for Simple Hurt in Rape Case Acquittal Appeal — Appellants Acquitted of Rape but Convicted Under Section 323 IPC for Assaulting Prosecutrix.

The appellants, Sonu Babu Pival and Kanta Sonu Pival, were convicted by the Sessions Judge, Pune on 14.8.1996 in Sessions Case No.379 of 1995. They we...

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Supreme Court Dismisses Appeal Against Conviction of Dismissed Public Servant for Criminal Misconduct Under Prevention of Corruption Act, 1947. No Sanction Under Section 6 Required as Accused Was No Longer a Public Servant at Time of Cognizance.

The Supreme Court of India considered the requirement of sanction under Section 6 of the Prevention of Corruption Act, 1947 in a case where the accuse...