Search Results for "invalid sanction"

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High Court

High Court of Karnataka Allows State's Revision and Dismisses Accused's Revision in Lokayukta Corruption Case — Sanction for Prosecution Under Section 19 of Prevention of Corruption Act, 1988 Must Be Granted by Competent Authority Before Taking Cognizance, Not Before Filing Charge Sheet.

26 Jul 2024

The case involves two criminal revision petitions arising from an order dated 23.08.2017 passed by the LXXVI Additional City Civil and Sessions Judge ...

High Court

Bombay High Court Acquits Accused in Corruption Case Due to Misapplication of Section 8 of Prevention of Corruption Act, 1988 — Charge Framed Under Wrong Provision Invalidates Conviction

5 Jul 2024

The appellant, a Junior Clerk in a Sessions Court, was convicted under Section 8 of the Prevention of Corruption Act, 1988 for allegedly demanding and...

Supreme Court

Supreme Court Reverses High Court Quashing of Criminal Proceedings Against Public Servant in Forgery Case Due to Lack of Sanction Requirement. The Court Held That Sanction Under Section 197 of the Code of Criminal Procedure, 1973 Is Not Necessary When the Alleged Offence of Creating Fake Documents for Illegal Gain Is Not Committed in the Discharge of Official Duty.

17 Jan 2024

The dispute arose from a criminal complaint lodged by the appellant alleging that the respondent, a village accountant, along with others, created fak...

High Court

Bombay High Court Quashes MCOCA Sanction Against Petitioner Due to Non-Application of Mind by Sanctioning Authority. Sanction Order Under Section 23(1) of MCOCA Set Aside as Authority Failed to Consider 'Continuing Unlawful Activity' Requirement.

24 Mar 2021

The petitioner, Sagar Balasaheb Gaikwad, filed a writ petition before the Bombay High Court seeking quashing of the sanction order dated 27.11.2018 un...

Supreme Court

Supreme Court Allows State's Appeal in Invalid Pension Case — Qualifying Service of Ten Years Must Be Satisfied Under Orissa Civil Services (Pension) Rules, 1992. Invalid Pension Under Rule 39 Cannot Be Granted Without Meeting the Minimum Qualifying Service Prescribed Under Rule 47.

4 Dec 2019

The Supreme Court allowed the appeal filed by the State of Odisha against the judgment of the Orissa High Court, which had upheld the Odisha Administr...

High Court

Bombay High Court Quashes Investigation Order Against Chief Secretary in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act. Court held that no court can take cognizance of an offence under the Act without prior sanction for prosecution of a public servant, and the order under Section 156(3) CrPC directing investigation was invalid as it effectively bypassed the mandatory sanction requirement.

22 Apr 2019

The applicant, UPS Madan, who was the Additional Chief Secretary (Finance) and later Chief Secretary of Maharashtra, filed an application under Sectio...

High Court

High Court of Bombay at Goa Quashes Magistrate's Order for Investigation Against IPS Officer in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988 Renders Order Invalid. The court held that ordering investigation under Section 156(3) CrPC without prior sanction is illegal and that recorded conversation without consent is inadmissible.

27 Jun 2018

The Petitioner, a member of the Indian Police Services and former Inspector General of Police of Goa, filed a criminal writ petition under Article 226...

High Court

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.

6 Mar 2018

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

High Court

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.

16 Jul 2014

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...

High Court

Bombay High Court Allows Writ Petition Against Refusal to Sanction Building Plans in Cantonment Area — Defence Estate Officer's Objection Under Section 181(3) of Cantonments Act, 1924 Held Invalid as Not Based on Defence Purposes. The Court Quashed the Cantonment Board's Resolution Rejecting Plans for a Commercial Complex and Directed Reconsideration.

30 Sep 2005

The petitioners, assignees of original lessees of a property owned by the Union of India in the Pune Cantonment Board area, filed a writ petition unde...

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