Search Results for "arbitrary sanction"

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Search Results for "arbitrary sanction"

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High Court

Bombay High Court Quashes Sanctions and Directs Fresh Consideration for Prosecution of Police Officers in Custodial Disappearance and Death. Sanctioning Authority’s Decision to Prosecute Only Four Officers Found Arbitrary; Material Evidence Pointed to Torture, Cover-Up, and Possible Role of Other Officials.

10 Apr 2012

The petitioner, mother of Sayed Khwaja Yunus Sayed Ayub, filed a writ petition under Article 226 of the Constitution alleging that her son disappeared...

High Court

Bombay High Court Directs Reconsideration of Sanction Refusal in Corruption Case Against Police Inspector. Court holds that sanctioning authority must apply its own mind and not rely solely on departmental inquiry findings, and that refusal of sanction must be based on valid reasons and not be arbitrary.

13 Oct 2020

The petitioner, Saddam Shah Khalil Shah Fakir, filed a Criminal Writ Petition before the Bombay High Court, Bench at Aurangabad, challenging the order...

Supreme Court

Supreme Court Allows Appeal of Judicial Officer Discharged During Probation and Quashes Discharge Order. Discharge Based on Bail Order and Pending Inquiry Without Hearing Violates Natural Justice and Is Arbitrary Under Rajasthan Judicial Services Rules, 2010 and Article 233 of Constitution of India.

15 Mar 2022

The dispute involved a judicial officer appointed as an Additional District Judge in 2013 under the Rajasthan Judicial Services Rules, 2010, who was d...

High Court

Bombay High Court Quashes Sanction and Complaint in Income Tax Prosecution for Non-Application of Mind. Sanctioning Authority Failed to Consider Petitioner's Explanation and Appeal Pendency Under Section 276C(1) of Income Tax Act, 1961.

7 Dec 2021

The petitioner, Nayan Jayantilal Balu, engaged in trading of ferrous and non-ferrous metals, filed his return of income for Assessment Year 2009-10 on...

High Court

Bombay High Court Considers Challenge to Sanction Order Under Section 197 CrPC – Petitioner Alleges Improper Review of Earlier Refusal. Alleged Lack of Fresh Material and Improper Reconsideration of Evidence Previously Rejected.

22 Dec 2017

The petitioner, a public servant, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 4th February 2016 p...

High Court

High Court of Karnataka Quashes Prosecution Sanction Against Former Lokayuktha in Corruption Case — Sanction Order Held Invalid for Non-Application of Mind and Lack of Independent Consideration by Governor. The court held that the Governor's sanction under Section 19 of Prevention of Corruption Act, 1988 must reflect independent application of mind, and a mechanical endorsement of the investigating agency's proposal renders the sanction invalid, vitiating the entire prosecution.

22 Nov 2016

The petitioner, Dr. Y. Bhaskar Rao, a former Karnataka State Lokayuktha, was arraigned as accused no.7 in Spl.CC 429/2015 for offences under the Preve...

High Court

High Court of Karnataka Dharwad Bench Hears Writ Petition Challenging Rescission of Appointment of Additional District Government Pleader Within 24 Hours. The Court Examines Whether the Impugned Notification Violates Constitutional Prohibition Against Arbitrariness in Context of Pleasure Doctrine.

25 Nov 2025

The case concerns the abrupt withdrawal of an appointment as Additional District Government Pleader at the newly established XI Additional District an...

Supreme Court

Supreme Court Sets Aside Discharge for IPC Offences Due to Lack of Sanction Under Section 197 CrPC, Upholds Corruption Charges Under Prevention of Corruption Act. Deputation of Public Servant to Municipal Corporation Renders Section 197 CrPC Inapplicable as He Ceases to Be Removable by Government, and Amended Section 19 of PC Act Does Not Apply Retrospectively to Retired Official.

22 Apr 2025

The Supreme Court heard two appeals by special leave against a common judgment and order dated 29 January 2024 of the High Court of Punjab and Haryana...

High Court

Bombay High Court Quashes Criminal Proceedings Against Public Servant for Lack of Sanction Under Section 197 CrPC — Applicant's Name Not in FIR, No Allegation of Demand or Acceptance of Bribe. The court held that the Magistrate's order refusing discharge was perverse for lack of application of mind and that the bar under Section 197 CrPC applies, requiring prior sanction for prosecution of a public servant.

22 Jan 2015

The applicant, Gajanan Modku Meshram, filed a criminal application under Section 482 CrPC seeking quashing of the order dated 16.3.2011 passed by the ...

High Court

High Court of Karnataka Quashes Government's Refusal to Grant Sanction to Prosecute Police Inspector in Disproportionate Assets Case — Failure to Consider Relevant Material and Application of Mind Renders Sanction Order Invalid. The court held that the order refusing sanction under Section 19 of the Prevention of Corruption Act, 1988 must be based on consideration of all material and a reasoned decision, and directed reconsideration within three months.

13 Dec 2021

The petitioner, Karnataka Lokayukta Police represented by its Police Inspector/Investigating Officer, filed a writ petition under Articles 226 and 227...

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