Search Results for "Vineet Narain"

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Search Results for "Vineet Narain"

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Supreme Court

Supreme Court Allows Appeal of BIS Employee in Sexual Harassment Case Due to Lack of Sanction for Prosecution. Sanction for prosecution under Section 197 CrPC is mandatory for public servants acting in official capacity; refusal of sanction by competent authority renders criminal proceedings invalid.

1 Dec 2023

The present criminal appeal arises from an order of the High Court of Judicature at Allahabad, Lucknow Bench, which dismissed the appellant's petition...

High Court

Karnataka High Court Sets Aside Special Judge's Order Dismissing Private Corruption Complaint Due to Erroneous Sanction Requirement. Court Holds That Section 17A of Prevention of Corruption Act Does Not Bar Pre-Cognizance Investigation Order Under Section 156(3) Cr.P.C., and Complaint Against Non-Public Servants Cannot be Dismissed Solely for Lack of Sanction Against Public Servants.

7 Sep 2022

The petitioner, a private complainant, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, assailing the order dated ...

Supreme Court

Supreme Court Dismisses Writ Petition in Public Interest Litigation Challenging Extension of Enforcement Directorate Director's Tenure. The petition sought quashing of the extension order under Section 25 of the Central Vigilance Commission Act, 2003, but the court did not rule on the merits as the judgment text ends abruptly.

8 Sep 2021

The judgment arose from a writ petition filed under Article 32 of the Constitution of India by Common Cause, a registered society, challenging the Uni...

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 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 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...

High Court

High Court of Bombay at Goa Quashes Magistrate's Order for Investigation Against IPS Officer in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988 Renders Order Invalid. The court held that ordering investigation under Section 156(3) CrPC without prior sanction is illegal and that recorded conversation without consent is inadmissible.

27 Jun 2018

The Petitioner, a member of the Indian Police Services and former Inspector General of Police of Goa, filed a criminal writ petition under Article 226...

High Court

Bombay High Court Disposes of Suo Moto PIL on Police Deficiencies, Notes State’s Efforts to Strengthen Force. Court Holds That State Government Has Taken Maximum Steps to Recruit Police Personnel and Modernize Force, Disposes of Petition with Liberty to Apply.

21 Feb 2018

The Division Bench of the Bombay High Court at Aurangabad disposed of a suo moto public interest litigation initiated in 2008 on the basis of a newspa...

Supreme Court

Supreme Court Refers Questions on Eligibility of Judicial Officers for Direct Recruitment as District Judges to Constitution Bench — Interpretation of Article 233(2) of Constitution of India, 1950 Regarding Requirement of Continuous Practice as Advocate.

1 Jan 1970

The Supreme Court, in a reference by a three-Judge Bench, examined substantial questions of law concerning the interpretation of Article 233(2) of the...

Supreme Court

Supreme Court Upholds Union of India in Section 17A Challenge — Prior Approval Requirement for Investigating Public Servants is Constitutionally Valid. Read Down to Mandate Independent Screening; Lokpal to Approve for Covered Public Servants.

1 Jan 1970

The writ petition was filed by the Centre for Public Interest Litigation challenging the constitutional validity of Section 17A of the Prevention of C...

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