Search Results for "statutory sanction"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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Search Results for "statutory sanction"

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High Court

Bombay High Court Quashes Process Issued Against Petitioners in Maharashtra Fire Prevention Act Case — Lack of Sanction Under Section 36 Renders Complaint Invalid. Court held that prior sanction of the Commissioner is mandatory for prosecution under Sections 3(1), 3(3), 3(4) r/w 36 of the Maharashtra Fire Prevention and Life Safety Measures Act, 2006, and its absence vitiates the criminal proceedings.

6 May 2013

The petitioners, seven residents of Jolly Maker I Cooperative Housing Society in Mumbai, filed a writ petition under Article 227 of the Constitution o...

High Court

Bombay High Court Quashes Criminal Proceedings Against Forest Officers in Scheduled Tribes Tree Sale Case — Lack of Sanction Under Section 197 CrPC and No Prima Facie Case for Atrocities Act. Forest Officers Acting Under Maharashtra Sale of Trees by Occupants Belonging to Scheduled Tribes (Regulation) Act, 1969 Were Performing Official Duties; Prosecution Without Sanction Not Maintainable.

11 Jul 2013

The applicants, six forest officers including the Deputy Conservator of Forest, Assistant Conservator, Forester, Forest Guard, and Range Forest Office...

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 Karnataka Quashes Cognizance Order Against ACB Officers for Lack of Sanction. The Court Holds That Cognizance of Offences Alleged to Have Been Committed in Discharge of Official Duties Requires Prior Sanction Under Section 19 of the Prevention of Corruption Act, 1988 and Section 197 of the Code of Criminal Procedure, 1973.

5 Jul 2024

The matter arose from a private complaint filed by the respondent against seven officers of the Anti-Corruption Bureau (ACB), Bengaluru, alleging offe...

Supreme Court

Supreme Court Allows Appeal in TADA Case Due to Non-Compliance of Section 20A(1) — Prior Approval of DSP Mandatory. The Court held that recording of information under TADA without prior approval of the District Superintendent of Police vitiates the entire proceedings, and the defect is not curable.

16 Oct 2019

The appeal arose from an order of the Designated TADA Court dismissing the appellants' application for discharge on the ground of non-compliance with ...

High Court

Bombay High Court Quashes Investigation Order Against Police Officer in Corruption Case for Lack of Sanction. The court held that a public servant cannot be investigated under the Prevention of Corruption Act without prior sanction under Section 197 CrPC and Section 19 PC Act.

25 Jul 2023

The case involves a criminal revision application filed by Vikas Wagh, a police officer, challenging an order dated 24 January 2014 passed by the lear...

High Court

Bombay High Court Upholds Discharge of Accused in Corruption Case Due to Lack of Sanction Under Section 17-A of Prevention of Corruption Act. Amendment requiring prior approval for investigation applies to chargesheets filed after its commencement.

5 Mar 2021

The State of Maharashtra, through the Deputy Superintendent of Police, Anti Corruption Bureau, Nagpur, filed a criminal application challenging an ord...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against SAF Officers in Land Dispute Case — Complaint Found to be Abuse of Process After Contempt Petition Dismissal. Sanction Under Section 197 CrPC Required for Acts in Discharge of Official Duty.

4 Mar 2024

The dispute pertains to land bearing Survey Nos. 1822 and 1823 in Gwalior city. The first respondent (complainant) claimed title as Bhumiswami and obt...

Supreme Court

Supreme Court Sets Aside Quashing of Corruption Proceedings Due to Improper Exercise of Inherent Powers. High Court's Order Under Section 482 CrPC Was Unjustified After Dismissal of Discharge Application and Revision Petition on Same Grounds, Violating Principles Against Circumvention and Multiplicity.

26 Mar 2025

The appeal arose from a judgment of the High Court of Madras quashing criminal proceedings against the respondent under Section 13(2) read with Sectio...

High Court

High Court Quashes Criminal Proceedings Against Company and Contractors Under Contract Labour Act for Lack of Sanction — Prosecution Without Prior Sanction Under Section 34 of CLRA Act is Barred by Law.

26 Aug 2021

The petitioners, M/s. Kurlon Enterprise Limited (Foam Unit) and two individuals (Sri. Thimmarayappa and Sri. Y.R. Muraju), filed writ petitions under ...

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