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Supreme Court Upholds High Court's Decision: Prior Sanction Mandatory for Prosecution Under Prevention of Corruption Act. State of Punjab's appeal dismissed; emphasis on compliance with Section 19 of P.C Act before summoning public servants for trial.

The State of Punjab appealed against the High Court of Punjab and Haryana's decision to set aside the Trial Court's order that had summoned Dr. Partap...

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Bombay High Court Dismisses Petition Challenging Discharge of Police Officer in Defamation Case for Lack of Sanction Under Section 197 CrPC. Alleged False Implication in Death Investigation Requires Sanction as Acts Were in Discharge of Official Duty.

The case arises from a criminal writ petition filed by Pratapsinha Belode challenging the order of the Judicial Magistrate First Class, Warud, dischar...

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Bombay High Court Upholds Acquittal in Food Adulteration Case Due to Denial of Right to Re-Analysis. Accused Acquitted as Sample Became Unfit for Analysis Under Section 13(2) of Prevention of Food Adulteration Act, 1954.

The State of Maharashtra filed three appeals against the acquittal of the accused Harishchandra Sadhuram Agarwal, a vendor and proprietor of a kirana ...

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Bombay High Court Allows Tenant's Petition Challenging Land Transfer Without Previous Sanction Under Section 43 of Bombay Tenancy Act. Post-transfer sanction cannot regularize invalid transfer; MRT order set aside.

The petitioner, Smt. Saraswati Shamrao Dhere, was a tenant of half portion of agricultural land in Shiroli, Kolhapur. Respondent Nos. 2 and 3 were ten...

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Bombay High Court Allows Appeals in MCOC Act Case Due to Lack of Sufficient Material and Non-Application of Mind in Granting Approval and Sanction. Appellants Discharged Under Section 227 CrPC as Material on Record Did Not Warrant Framing of Charge Under MCOC Act.

The present appeals were filed by Sachin Bansilal Ghaiwal and Umesh Mohan Kirve, who were accused Nos. 3 and 9 respectively in a case registered under...

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Bombay High Court Dismisses Petition Challenging Refusal of Sanction to Prosecute Police Officer Under MCOCA. Private Complaint for Offences Under MCOCA Requires Prior Sanction from Competent Authority Under Section 23 of the Act.

The petitioner, Avinash Tukaram Sanas, filed a Criminal Writ Petition before the Bombay High Court challenging the order of the Commissioner of Police...

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Bombay High Court Allows State Appeal Against Discharge Under MCOC Act — Prima Facie Material Found Sufficient for Trial. The Court held that the Special Judge erred in allowing transfer under Section 11 MCOC Act without considering the prima facie material indicating organized crime.

The State of Maharashtra appealed against the judgment and order dated 2nd September 2002 passed by the learned Special Judge, MCOC Act, Nashik in MCO...