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KAHC010006872022_1

The case arose from a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of proceedings in C.C.No.261...

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High Court of Karnataka Quashes Cognizance Order Against Public Servants in Private Complaint for Lack of Sanction Under Section 197 CrPC and Section 19 PC Act. Sanction for Prosecution of Public Servants is Mandatory for Acts Done in Discharge of Official Duty.

The case involves two criminal revision petitions filed by the petitioners (accused No.2, 3 and 4) challenging the order dated 13.4.2012 passed by the...

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Supreme Court Upholds Union of India in Section 17A Challenge — Prior Approval Requirement for Investigating Public Servants is Constitutionally Valid. Read Down to Mandate Independent Screening; Lokpal to Approve for Covered Public Servants.

The writ petition was filed by the Centre for Public Interest Litigation challenging the constitutional validity of Section 17A of the Prevention of C...

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High Court of Karnataka Quashes Order Taking Cognizance Against Additional Advocate General in Private Complaint for Offences Under SC/ST Act and IPC — Lack of Sanction Under Section 197 CrPC and Section 19 of PC Act

The petitioner, Sri K M Nataraj, the Additional Advocate General of Karnataka, filed a writ petition under Articles 226 and 227 of the Constitution of...

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Supreme Court Upholds Acquittal in TADA Case Due to Invalid Sanction — Prior Sanction Under Section 20A(2) TADA Must Show Application of Mind. The Designated Court's finding of non-application of mind in sanction order was upheld, and the prosecution could not proceed under TADA.

The State of Gujarat appealed against the acquittal of three respondents by the Designated Judge, Jamnagar, in Special TADA Case Nos.3/1994, 3/1997, a...

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Bombay High Court Dismisses Appeal in Construction Dispute — No Sanction Order Existed, No Estoppel Against Corporation. Plaintiffs failed to prove deemed sanction under Section 264 of Maharashtra Municipal Corporations Act, 1949 as no formal order was passed and no notice of revocation was issued.

The appellants, original plaintiffs, owned plot nos. 71/72, 70/2 and 70/3 on Sheet No. 67-D at Amravati. They filed Regular Civil Suit No. 193 of 1988...