Search Results for "invalid sanction"

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Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
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High Court

Bombay High Court Quashes Recovery Order Against Retired Municipal Employee Due to Inordinate Delay and Lack of Opportunity. Recovery of Rs.25,00,010/- set aside as show cause notice issued eight years after retirement without proper inquiry violates principles of natural justice under Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

20 Jul 2022

The petitioner, Samadhan Kisanrao Ingle, was a Tax Superintendent with the Municipal Council, Khamgaon, appointed on 16/04/1968 and retired on 30/06/2...

Supreme Court

Supreme Court Allows Trust's Appeal in Public Trusts Act Case Due to Registrar's Erroneous Application of Discretionary Power. Registrar's Rejection of Sanction for Sale of Trust Properties Was Invalid as It Was Based on Cultural Preservation Concerns Rather Than Assessment of Prejudice to Trust's Interest Under Section 14 of Madhya Pradesh Public Trusts Act, 1951.

28 Jan 2022

The dispute involved a public trust registered under the Madhya Pradesh Public Trusts Act, 1951, seeking sanction to sell five of its immovable proper...

High Court

Bombay High Court Allows Discharge of Private School Employees in Corruption Case Due to Invalid Sanction. Sanction by Director of Education for prosecution under Prevention of Corruption Act, 1988 held invalid as the appointing authority is the school management under Section 4 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

11 Sep 2019

The petitioners, employees of a private school (Headmaster, teacher, and clerk), were chargesheeted for offences under Sections 7, 12, 13(1)(d), and 1...

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

Bombay High Court Allows Complainant's Revision and State's Revision Against Discharge of Accused in Corruption Case. Prima Facie Evidence of Bribe Demand and Acceptance Sufficient to Frame Charges Under Prevention of Corruption Act, 1988.

22 Dec 2018

The case involves two criminal revision applications arising from an order of the Special Judge, Bhandara, discharging the accused Kunda Motiramji Bod...

High Court

Bombay High Court Dismisses State's Appeal Against Discharge of Accused in MCOCA Case Due to Invalid Sanction. Sanction Under Section 23(2) MCOCA Found to Be Without Application of Mind, Leading to Discharge of All Accused.

6 Nov 2017

The State of Maharashtra appealed against an order dated 8th August 2014 passed by the Special Judge under the Maharashtra Control of Organised Crime ...

High Court

Bombay High Court Dismisses State Appeal Against Dropping of Corruption Case for Lack of Sanction. Trial Court's Order Dropping Prosecution Under Sections 7 and 13(2) of Prevention of Corruption Act, 1988 Upheld as Sanction Under Section 19 is Mandatory.

30 Jun 2015

The State of Maharashtra appealed against the judgment and order dated 07.12.1999 passed by the Special Judge, Pune, in Special A/C Case No. 6 of 1991...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court held that the appellants failed to prove their title over the suit property and that the sale deed executed by the original owner in favor of the respondents was valid.

23 Dec 2014

The appellants, original plaintiffs, filed a suit for declaration of ownership and permanent injunction in respect of agricultural land. They claimed ...

High Court

High Court of Bombay at Nagpur Acquits Accused in Corruption Case Due to Lack of Corroboration and Unreliable Trap Witnesses. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

30 Sep 2014

The appellant, Rajesh s/o Roopchand Motghare, was a peon with Nagpur Municipal Corporation posted at octroi check post No.10, Wadi. On 20/8/2002, Dili...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Discharge in MCOCA Case — Prior Approval and Sanction Found Valid. Court upholds framing of charges under MCOC Act against appellant for murder and organized crime, rejecting challenge to procedural compliance under Sections 23(1)(a) and 23(2) of the Maharashtra Control of Organized Crime Act, 1999.

25 Mar 2014

The appellant, Farman Imran Shah @ Karu, filed an appeal under Section 12 of the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act) challengi...

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