Search Results for "cognizance without sanction"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...

Search Results for "cognizance without sanction"

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Supreme Court

Supreme Court Dismisses Petition Challenging Cognizance Order in SC/ST Act Case — Holds That Special Court Can Take Cognizance Directly and That High Court's Refusal to Quash Proceedings Was Not Erroneous.

7 Mar 2022

The case involves a special leave petition filed by Ramveer Upadhyay and another against the State of Uttar Pradesh and another respondent. The petiti...

Supreme Court

Supreme Court Quashes Bail Order in Companies Act Case, Clarifying Statutory Bail Under Section 167(2) CrPC. The Court held that filing of complaint before expiry of prescribed period extinguishes right to statutory bail, regardless of cognizance being taken, under Section 167(2) of Code of Criminal Procedure, 1973.

7 Feb 2022

The Supreme Court heard an appeal by the Serious Fraud Investigation Office (SFIO) against a bail order dated 31.05.2019 passed by the High Court of P...

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 Allows Revision Petition, Discharges Accused in Corruption Case for Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. Sanction for prosecution is mandatory and without it, the accused cannot be tried.

26 Jul 2018

The petitioner, an accused in Spl.C.C.No.266/2016 before the Special Court under the Prevention of Corruption Act, 1988, filed an application under Se...

High Court

Bombay High Court Dismisses Petition Challenging Discharge of Police Officer in Defamation Case for Lack of Sanction Under Section 197 CrPC. Alleged False Implication in Death Investigation Requires Sanction as Acts Were in Discharge of Official Duty.

11 Jun 2018

The case arises from a criminal writ petition filed by Pratapsinha Belode challenging the order of the Judicial Magistrate First Class, Warud, dischar...

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 Quashes NDPS Prosecution for Lack of Sanction Under Section 36A(2) of NDPS Act — Cognizance by Special Court Without Valid Sanction Held Illegal. The court held that the mandatory requirement of previous sanction under Section 36A(2) of the NDPS Act was not complied with, rendering the entire prosecution void.

9 Feb 2015

The applicants, Shailesh Kanada (accused No.3) and Kailash Rajput (accused No.2), were prosecuted in NDPS Special Case No.51/13 pending before the Spe...

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 Dismisses Petition Challenging Refusal of Sanction to Prosecute Police Officer Under MCOCA. Private Complaint for Offences Under MCOCA Requires Prior Sanction from Competent Authority Under Section 23 of the Act.

8 Feb 2013

The petitioner, Avinash Tukaram Sanas, filed a Criminal Writ Petition before the Bombay High Court challenging the order of the Commissioner of Police...

High Court

Bombay High Court Allows State Appeal Against Discharge Under MCOC Act — Prima Facie Material Found Sufficient for Trial. The Court held that the Special Judge erred in allowing transfer under Section 11 MCOC Act without considering the prima facie material indicating organized crime.

29 Sep 2006

The State of Maharashtra appealed against the judgment and order dated 2nd September 2002 passed by the learned Special Judge, MCOC Act, Nashik in MCO...

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