Search Results for "Sanction for prosecution"

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Search Results for "Sanction for prosecution"

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High Court

High Court of Karnataka Allows Income Tax Department's Appeal Against Acquittal in Section 276CC Case — Magistrate's Closure Order Set Aside for Non-Compliance with Mandatory Pre-Cognizance Notice Under Section 279(1) of Income Tax Act. The court held that the requirement of sanction under Section 279(1) is a condition precedent for taking cognizance, not for filing the complaint, and the Magistrate's closure order was premature.

19 Jul 2022

The Income Tax Department filed multiple criminal appeals against the order dated 03.04.2021 passed by the Magistrate of JMFC-III Court, Belagavi, rec...

High Court

High Court of Karnataka Upholds Discharge of Accused in Corruption Case for Disproportionate Assets — Lack of Sanction and Incomplete Investigation. Trial Court's order of discharge under Section 13(1)(e) r/w 13(2) of Prevention of Corruption Act, 1988 upheld as prosecution failed to establish prima facie case due to absence of valid sanction and incomplete check period.

15 Jul 2022

The State of Karnataka, through the Lokayukta Police, filed a criminal revision petition under Section 397 r/w 401 of the Code of Criminal Procedure, ...

High Court

High Court of Karnataka Quashes SEBI Complaint Against Company Directors for Lack of Sanction Under Section 195 CrPC. Proceedings under Sections 24(1) and 27 of SEBI Act, 1992 read with Regulations 13(2), 13(3) of SEBI (Prohibition of Insider Trading) Regulations, 1992 quashed as complaint was not filed by authorized officer.

19 May 2022

The High Court of Karnataka heard two criminal petitions filed under Section 482 CrPC seeking quashing of proceedings in C.C.No.116/2016 pending befor...

High Court

Karnataka High Court Quashes Proceedings Against Medical Practitioners Under PCPNDT Act for Non-Maintenance of Records — Lack of Sanction Under Section 28 Renders Complaint Invalid

21 Feb 2022

The petitioners, medical practitioners running a hospital in Gokak, challenged the proceedings in C.C.No.910/2016 pending before the Principal Civil J...

High Court

High Court of Bombay Quashes Sanction Order in Disproportionate Assets Case Against IRS Officer — Sanctioning Authority Failed to Apply Independent Mind and Relied on CBI Report Without Proper Application of Mind.

29 Oct 2013

The petitioner, Vivek Batra, an Indian Revenue Service officer, challenged the sanction order dated 09.10.2012 granted by the Union of India for his p...

High Court

Bombay High Court Quashes FIR Against Municipal Officials in SC/ST Act Case for Lack of Sanction Under Section 197 CrPC. Prosecution for Offences Under SC & ST (Prevention of Atrocities) Act, 1989 and IPC Held Invalid Without Prior Sanction as Required for Public Servants Acting in Discharge of Official Duty.

9 Oct 2013

The applicants, Dr. Kewalkumar Vyankatrao Nemmaniwar (President of Municipal Council, Kinwat) and Keshav s/o Mohan Kokare (Chief Executive Officer), f...

High Court

Bombay High Court Dismisses State's Petition Challenging Quashing of Chargesheet Against Deputy Commissioner of Sales Tax for Lack of Sanction Under Section 197 CrPC. Disciplinary proceedings initiated without prior sanction under Section 197(1) CrPC are invalid as the officer was not removable from service except by the State Government.

23 Aug 2006

The State of Maharashtra and other petitioners challenged the judgment of the Maharashtra Administrative Tribunal dated 18th June 1999 in Original App...

High Court

Bombay High Court Dismisses Police Officer's Petition Challenging Prosecution for Assault on Custody Accused — Sanction Under Section 197 CrPC Not Required for Offences Under Sections 323, 324, 506 IPC as They Are Not Connected with Official Duty. The court held that assaulting a person in custody with a belt and stick is not an act done in the discharge of official duty, and therefore no sanction under Section 197 CrPC is necessary.

31 Jul 2006

The petitioner, a police officer, was in custody of respondent No.2, an accused. Respondent No.2 complained to the Magistrate that the petitioner assa...

High Court

Bombay High Court Acquits Accused in Corruption Case Due to Lack of Sanction and Inconsistent Evidence. Conviction under Sections 468, 477-A IPC and Section 5(1)(d) read with 5(2) Prevention of Corruption Act, 1947 set aside as prosecution failed to prove misappropriation and requisite sanction was not obtained.

22 Feb 2006

The appellant, Mustafikhan S/o Mumtajkhan Pathan, was a Junior Engineer in charge of construction of tanks at Kudwa, Dhakni and Mundipar under the Emp...

High Court

High Court of Bombay at Goa Quashes Criminal Complaints for Lack of Sanction Under Section 197 CrPC — Directors of Government Company Held to be Public Servants. Prosecution under Section 138 NI Act Without Prior Sanction is Not Maintainable.

30 Nov -0001

The petitioners, M/s. Bandekar Brothers Pvt. Ltd. and M/s. Vasantram Metha & Company Pvt. Ltd., filed criminal writ petitions under Article 226 of the...

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