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Validity of Prosecution Sanctions: Pre-Trial Determination or Trial Issue? A comprehensive analysis of conflicting Apex Court judgments on the timing and significance of challenging prosecution sanctions under the Prevention of Corruption Act, 1988.

The legal debate on whether the validity of a prosecution sanction must be determined before trial or can be contested during the trial. It examines k...

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Supreme Court Quashes Externment Order in Maharashtra Police Act Case Due to Procedural Lapses and Lack of Evidence. Externment Order Under Section 56(1)(a)(b) of Maharashtra Police Act, 1951 Found Legally Unsustainable as Based on Vague Allegations and Pending Criminal Cases Challenged as Malicious.

The appeal arose from a judgment of the Nagpur Bench of the Bombay High Court, which dismissed a criminal writ petition challenging an externment orde...

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Supreme Court Dismisses Union of India's Challenge to Advisory Board Opinion in COFEPOSA Detention Case — Advisory Board's Opinion of No Sufficient Cause for Detention is Non-Justiciable and Not Subject to Challenge Under Article 136

The case involves a challenge by the Union of India against the opinion of the Advisory Board constituted under the Conservation of Foreign Exchange a...

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Supreme Court Dismisses Direct Recruits' Appeal in Seniority Dispute — Date of Appointment Prevails Over Year of Vacancy. Promotees appointed on 01.03.2007 are senior to direct recruits appointed on 14.08.2007 and 24.11.2007 under the Manipur Police Service Rules, 1965.

The case involves an inter-se seniority dispute between promotees and direct recruits in the Manipur Police Service Grade II Officers Cadre. The promo...

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Bombay High Court Quashes Magistrate's Order Granting Further Investigation Under Section 173(8) CrPC Against Accused in Forgery Case — Order Passed Without Notice and Hearing Violates Principles of Natural Justice.

The petitioner, Maheshkumar Hargovind Goyal, accused no.7 in Crime No.343/2016 registered at Police Station Wadi, Nagpur for offences under Sections 4...

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Bombay High Court Dismisses Second Review Petition in Service Matter — No Error Apparent on Record. Second review petition not maintainable as it seeks re-agitation of issues already decided, and no grounds under Order 47 Rule 1 CPC exist.

The petitioner, Anand Prabhakar Joshi, a former employee of the Bank of Maharashtra, filed a second review petition before the Bombay High Court seeki...