Search Results for "DSPE Act"

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Search Results for "DSPE Act"

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Supreme Court

Supreme Court's Interpretation of Article 131: Federal Disputes and Legal Rights. A detailed analysis of the Supreme Court's jurisdiction under Article 131, focusing on federalism, state consent, and the role of the CBI within Indian constitutional law.

10 Jul 2024

The maintainability of a suit filed by the State of West Bengal against the Union of India under Article 131 of the Indian Constitution, challenging t...

Supreme Court

Supreme Court Quashes CVC Order Divesting CBI Director of Powers — Rule of Law and Institutional Independence Upheld. The court held that the CVC exceeded its powers under Section 8(1)(a) and 8(1)(b) of the CVC Act, 2003 read with Section 4(1) of the DSPE Act, 1946, and that the orders were invalid as they undermined the independence of the CBI Director.

8 Jan 2019

The judgment arises from two writ petitions challenging the legality of three orders dated 23rd October 2018. The first order was passed by the Centra...

Supreme Court

Supreme Court Quashes CVC Order Divesting CBI Director of Powers — Rule of Law and Institutional Independence Upheld. The court held that the CVC exceeded its powers under Section 8(1)(a) and 8(1)(b) of the CVC Act, 2003 read with Section 4(1) of the DSPE Act, 1946, and that the divestment of the CBI Director's functions without due process violated the rule of law.

8 Jan 2019

The judgment arises from two writ petitions challenging the legality of three orders dated 23 October 2018. The first order was passed by the Central ...

Supreme Court

Supreme Court Dismisses Appeals by Private Company and Directors in Coal Scam Case, Upholds CBI Investigation. Post-Facto Consent Under Section 6 of DSPE Act Valid for Public Servants Not Named in FIR, Private Individuals Lack Locus to Challenge Investigation.

1 Jan 2020

The Supreme Court dismissed appeals challenging the Allahabad High Court's order upholding CBI investigation in a coal scam case. The case arose from ...

Supreme Court

Supreme Court Dismisses Appeal Against CBI Investigation in Land Acquisition Fraud Case — Consent of State Government Not Required as Offences Relate to Central Government Company Affairs. The Court held that the general consent notification of 1996 did not require prior state consent for investigating an IAS officer where the offences were committed in connection with the affairs of a Central Government company and the conspiracy was hatched in Delhi.

4 Mar 2020

The Supreme Court dismissed an appeal by Kanwal Tanuj, an IAS officer of the Bihar cadre, against the Patna High Court's order rejecting his petition ...

Supreme Court

Supreme Court Directs Appointment of Regular CBI Director as Per Section 4A of DSPE Act, Quashes Interim Appointment. The Court held that the interim appointment of Mr. Nageshwar Rao without recommendation of the High Powered Selection Committee was illegal and the Government must follow the statutory procedure for appointing a regular Director.

1 Feb 2019

The writ petition was filed under Article 32 of the Constitution by Common Cause, a registered society, and an RTI activist seeking a writ of mandamus...

Supreme Court

Supreme Court Reverses High Court's Quashing of FIR in Disproportionate Assets Case Under Prevention of Corruption Act, 1988. The Court Held That a Preliminary Inquiry Is Not Mandatory Before FIR Registration and the FIR Should Not Be Quashed as It Discloses a Cognizable Offence Based on Source Information.

8 Oct 2021

The appeal arose from a judgment of the Telangana High Court dated 11 February 2020, which allowed a writ petition filed by the respondents under Arti...

Supreme Court

Supreme Court Dismisses Transfer Petition in Sushant Singh Rajput Death Case — Holds That Bihar Police Had Jurisdiction to Register FIR and CBI Investigation Is Lawful

11 Aug 2020

The Supreme Court dismissed a transfer petition filed by Rhea Chakraborty seeking transfer of FIR No. 241 of 2020 registered at Patna, Bihar, to Mumba...

High Court

High Court of Karnataka Quashes Approval for Investigation Against Public Servant Under Section 17A of Prevention of Corruption Act, 1988 — Approval Granted Without Application of Mind and Without Considering Relevant Material

4 Oct 2023

The petitioner, Smt. Shreeroopa, a public servant, challenged an order dated 19.08.2023 passed by the State of Karnataka granting approval under Secti...

Supreme Court

CBI Jurisdiction Upheld – Supreme Court Reinstates FIRs and Chargesheets Against Central Government Employees. State Consent Not Required for CBI Investigation of Central Government Employees – Supreme Court Clarifies Jurisdiction.

2 Jan 2025

Constitution of India, 1950 – Article 226 – Code of Criminal Procedure, 1973 – Section 482 – Delhi Special Police Establishment Act, 1946 – ...

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