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Bombay High Court Quashes FIR Against Police Officers in Custodial Death Case Due to Lack of Sanction Under Section 197 CrPC. Prosecution for alleged murder and torture during custody fails as prior sanction for prosecution of public servants was not obtained, rendering the proceedings invalid.

The judgment pertains to two criminal writ petitions filed by police officers seeking quashing of an FIR registered by the Central Bureau of Investiga...

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Supreme Court Allows Appeal in Land Acquisition Compensation Case — Directs Shifting of Date for Determining Market Value Due to Inordinate Delay. Compensation to be Determined as on Date of Award Instead of Preliminary Notification Under Section 28 of KIAD Act, 1966.

The appellants, Bernard Francis Joseph Vaz and others, purchased residential sites in Gottigere Village, Bengaluru between 1995 and 1997. On 3rd April...

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Bombay High Court Dismisses Municipal Corporation's Challenge to Caste Validity Certificates — Employer Lacks Locus Standi Under Maharashtra Caste Certificate Act, 2000. Corporation Cannot Challenge Certificates Issued to Employees as Only Person Aggrieved or State Government Can Do So.

The Pimpri Chinchwad Municipal Corporation (PCMC) filed a writ petition before the Bombay High Court challenging the caste validity certificates issue...

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Bombay High Court Quashes Criminal Proceedings in Forgery and Cheating Case Due to Lack of Sanction Under Section 195 CrPC. Complaint Alleging Forged Medical Certificates Used for Bail Cannot Proceed Without Proper Sanction as Offences Under Sections 191-193 IPC Are Cognizable Only on Complaint by Court.

The petitioner, Rajiv S Modi, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Cr...

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High Court of Karnataka Allows State's Revision Petitions Against Order Allowing Discharge Under Section 19 of Prevention of Corruption Act, 1988. Court Holds That Sanction for Prosecution Is Not Required at the Stage of Taking Cognizance Under Section 19 of the PC Act.

The State of Karnataka, through the Anti Corruption Bureau, Udupi District, filed two criminal revision petitions under Sections 397 and 401 of the Co...

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Bombay High Court Quashes Criminal Proceedings Against Public Servants in SC/ST Act Case for Lack of Sanction Under Section 197 CrPC. Cognizance of Offences Under Sections 504, 506 IPC and Sections 3(1)(x), 3(1)(xi) of SC/ST Act Set Aside as Mandatory Sanction Not Obtained.

The petitioners, Amol Pralhad Bharati, Kapil Shiv Bharati, Pralhad Onkar Bharati, and Avinash Pralhad Bharati, were original accused in Regular Crimin...

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Bombay High Court Quashes Penalty Proceedings in Income Tax Case Due to Delay in Issuance of Notice Under Section 271(1)(c) of Income Tax Act, 1961. Notice Issued After 8 Years from Filing of Return Held Barred by Limitation.

The applicants, Indian Plywood Manufacturing Co. Ltd. and others, filed income tax returns for the assessment year 1992-93 on 13th September 1992. The...

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Bombay High Court Grants Bail to Police Officer in MCOCA Case for Lack of Sanction and Prima Facie Evidence of Organised Crime. The court held that the absence of valid sanction under Section 23(2) of MCOCA and failure to establish a prima facie case of organised crime entitled the applicant to bail.

The applicant, Anil Murlidhar Deshmukh, a police officer, was arrested on 8th October 2004 in connection with a case registered under various sections...