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Gujarat High Court Quashes Denial of Promotion Based on Uncommunicated Adverse Remarks — Violation of Natural Justice. Non-communication of adverse entries in ACR renders them void and cannot be used to deny promotion under Article 226 of the Constitution.

The petitioner, F H Shaikh, joined service on 10/05/1982 as a Class-II officer (Principal) under the Director of Employment and Training, Gujarat Stat...

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Bombay High Court at Goa Quashes Criminal Proceedings in Section 409 IPC Case Due to Inordinate Delay and Lack of Sanction. Petitioner discharged as trial was pending for over 12 years without commencement, violating right to speedy trial under Article 21 of Constitution.

The petitioner, Babruwan Kinalkar, a former conductor of Kadamba Transport Corporation Limited, filed a Criminal Writ Petition before the Bombay High ...

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Bombay High Court at Goa Quashes Criminal Proceedings Against Public Servant for Lack of Sanction Under Section 197 CrPC. Petitioner, a Conductor of Kadamba Transport Corporation, Was Prosecuted Under Section 409 IPC for Alleged Misappropriation of Fare Without Prior Sanction from Competent Authority.

The petitioner, Shri Babruwan Kinalkar, a conductor employed by the Kadamba Transport Corporation Limited (respondent no.2), filed a Criminal Writ Pet...

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Bombay High Court at Goa Quashes Criminal Proceedings Against Public Servant in Section 409 IPC Case for Want of Sanction Under Section 197 CrPC. The Court Held That the Petitioner's Acts of Collecting Fares and Issuing Tickets Were in Discharge of Official Duty, Making Sanction Mandatory.

The petitioner, Shri Babruwan Kinalkar, was a driver employed by the Kadamba Transport Corporation Limited (respondent no.2), a State Transport Undert...

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High Court of Bombay at Goa Quashes Criminal Proceedings in Section 409 IPC Case Due to Inordinate Delay and Lack of Sanction — Petitioner Acquitted of Criminal Breach of Trust by Public Servant as Trial Not Commenced Even After 16 Years and Sanction Under Section 197 CrPC Was Not Obtained.

The petitioner, Shri Babruwan Kinalkar, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the High Court of Bombay ...

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Bombay High Court at Goa Quashes Criminal Proceedings in Section 409 IPC Case Due to Lack of Sanction Under Section 197 CrPC. Petitioner, a public servant, was prosecuted for criminal breach of trust without prior sanction as required under Section 197 CrPC, rendering the proceedings invalid.

The petitioner, Shri Babruwan Kinalkar, was a driver employed by the Kadamba Transport Corporation Limited (respondent no.2), a public sector undertak...

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Bombay High Court at Goa Quashes Criminal Proceedings in Section 409 IPC Case Due to Lack of Sanction Under Section 197 CrPC. Petitioner, a public servant, was prosecuted for criminal breach of trust without prior sanction as required under Section 197 CrPC, rendering the proceedings invalid.

The petitioner, Shri Babruwan Kinalkar, was a conductor employed by the Kadamba Transport Corporation Limited (respondent no.2). The State (respondent...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Invalid Service of Demand Notice. Notice returned 'not claimed' does not constitute deemed service under Section 138 of the Negotiable Instruments Act, 1881, and proceedings are an abuse of process.

The applicants, Sanjay Pukhraj Parikh and Anita Sanjay Parikh, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973,...