Search Results for "arbitrary sanction"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "arbitrary sanction"

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High Court

High Court of Karnataka Quashes Private Complaint Against Former Chief Minister for Lack of Sanction Under Section 197 CrPC and Section 19 PC Act. Sanction for prosecution of public servants is mandatory and absence of valid sanction renders complaint not maintainable.

21 May 2013

The petitioner, a former Chief Minister of Karnataka, sought quashing of a private complaint filed by the respondent before the XXIII Additional City ...

High Court

High Court of Karnataka Quashes Condition Imposed by IDBI Bank in Debt Restructuring — Unilateral Imposition of Prepayment Premium Without Contractual Basis Held Arbitrary. Writ of Certiorari Granted Against Condition Requiring Payment of Prepayment Premium on Premature Repayment of Loan Under Master Restructuring Agreement.

27 Jun 2019

The petitioners, United Spirits Limited and USL Benefit Trust, filed writ petitions under Articles 226 and 227 of the Constitution of India challengin...

High Court

Bombay High Court Dismisses Petition Challenging State's Refusal to Modify Development Plan Reservation. State's Discretion to Revert Land to Original Reservation Upheld Under Section 37 of MRTP Act, 1966.

6 Dec 2023

The petitioner, Ramchandra Tukaram Mohite (since deceased through legal representatives), filed a writ petition under Article 226 of the Constitution ...

High Court

Bombay High Court Dismisses Army Officers' Challenge to Policy Change on Retention of Residential Accommodation During Study Leave. Policy change held to be reasonable and not arbitrary, as it applies uniformly to all officers and is based on administrative exigencies.

17 Nov 2016

The petitioners, four Army officers (Lt. Col. Jitendra Ramchandra Manerikar, Lt. Col. Amar Nath Tripathi, Col. S. S. Jaglan, and Lt. Col. Atul Kishore...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against IAS Officer in Arms License Case Due to Inordinate Delay and Lack of Sanction. The court held that unexplained delay of 20 years and absence of valid sanction under Section 197 CrPC vitiate the prosecution.

9 May 2025

The Supreme Court allowed the appeal filed by Robert Lalchungnunga Chongthu @ R L Chongthu, an IAS officer of the Bihar Cadre, against the judgment of...

High Court

Bombay High Court Quashes Sanction of Disputed Development Control Regulations in PIL Challenging Unauthorized Insertion by Navi Mumbai Municipal Corporation. Unauthorized Insertion of Regulations 16.4.12 and 16.4.13 Without General Body Approval Violates Section 37 of Maharashtra Regional and Town Planning Act, 1966 and Vitiates State Government's Approval.

9 Sep 2014

The case originated from a Public Interest Litigation filed by Sandeep Sharadchandra Thakur challenging the legality of the insertion of two regulatio...

High Court

High Court of Karnataka Quashes Charge Sheet in Lokayukta Case for Lack of Sanction Under Section 19 of PC Act. Petitioner, a retired Superintendent, was charged under Prevention of Corruption Act, 1988 without prior sanction from competent authority, rendering proceedings invalid.

19 Dec 2019

The petitioner, Sri S.V. Nandaraju, a retired Superintendent, filed a writ petition under Article 226 of the Constitution read with Section 482 Cr.P.C...

Supreme Court

Supreme Court Quashes Penalty Order Against Retired Government Doctor in Disciplinary Proceedings — Pension Cut Set Aside Due to Lack of Evidence and Mala Fides. Disciplinary Authority's Order Found Perverse and Based on No Evidence, Violating Principles of Natural Justice Under Punjab Civil Services (Punishment & Appeal) Rules, 1970.

17 Jan 2025

The appellant, Dr. Bhupinderpal Singh Gill, was a Senior Medical Officer in Punjab with 34 years of service, due to retire on 31 March 2017. Eleven da...

Supreme Court

Supreme Court Quashes High Court's Interim Order in Criminal Proceedings Due to Lack of Reasons and Improper Exercise of Inherent Powers. The Court Held That Blanket 'No Coercive Measures' Orders Without Conditions and Reasons Are Impermissible Under Section 482 Cr.P.C. and Article 226 of the Constitution, as They Hamper Investigation and Bypass Anticipatory Bail Provisions.

13 Apr 2021

The dispute arose from an interim order dated 28.09.2020 passed by the Division Bench of the High Court of Judicature at Bombay in a writ petition fil...

High Court

Karnataka High Court Sets Aside Special Judge's Order Dismissing Private Corruption Complaint Due to Erroneous Sanction Requirement. Court Holds That Section 17A of Prevention of Corruption Act Does Not Bar Pre-Cognizance Investigation Order Under Section 156(3) Cr.P.C., and Complaint Against Non-Public Servants Cannot be Dismissed Solely for Lack of Sanction Against Public Servants.

7 Sep 2022

The petitioner, a private complainant, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, assailing the order dated ...

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