Search Results for "cognizance without sanction"

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Search Results for "cognizance without sanction"

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High Court

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.

3 Jul 2024

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...

Supreme Court

Supreme Court Upholds FIRs for Illegal Mining Despite Compounding Under MMDR Act — IPC Offences Are Distinct and Not Barred by Section 22 of MMDR Act. The court held that compounding under the MMDR Act does not bar prosecution under the IPC for theft and criminal misappropriation, as the offences are separate and distinct.

1 Sep 2020

The Supreme Court dismissed appeals by private appellants and the State of Madhya Pradesh against the High Court's refusal to quash FIRs for illegal m...

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

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...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Public Servant Due to Lack of Sanction Under Section 197 CrPC – Suneeti Toteja v. State of U.P. & Anr.

25 Feb 2025

Sanction for Prosecution Mandatory for Public Servants Acting in Official Capacity – Deemed Sanction Not Recognized Under Section 197 CrPC The Supr...

High Court

Karnataka High Court Quashes FIR Under Section 295A IPC and Section 67 IT Act in WhatsApp Group Case Due to Lack of Sanction and Insufficient Evidence -- Petitioner Acquitted of Religious Offence Charges

30 Jan 2026

The Karnataka High Court allowed a criminal petition filed under Section 482 of the CrPC seeking to quash an FIR registered under Section 295A IPC and...

High Court

Bombay High Court Dismisses Petitions Challenging Lease of Trust Property by Trustees, Upholding Validity of Lease Under Section 36 of Bombay Public Trusts Act, 1950. Court holds that trustees have power to lease trust property for a term exceeding one year with sanction of Charity Commissioner, and that the lease in question was validly granted.

30 Nov -0001

The judgment involves two writ petitions filed in the Bombay High Court. The first petition (WP No. 1486 of 1994) was filed by M/s. N.D. Construction,...

High Court

High Court of Karnataka Quashes Sanction for Prosecution of Agriculture Officer in MGNREGA Case — Government Order Entrusting Inquiry to Lokayukta Set Aside for Non-Compliance with Section 17A of Prevention of Corruption Act, 1988. The court held that prior approval under Section 17A is mandatory before any inquiry into offences against a public servant, and the entrustment order without such approval is invalid.

20 Dec 2023

The petitioner, Sri Mallayya Koravanavar, an Assistant Director of Agriculture in the Karnataka State Government, filed a writ petition challenging a ...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Former Officers of Mysore Paper Mills in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988 Renders Proceedings Invalid. The court held that the order taking cognizance without prior sanction is invalid and the proceedings are liable to be quashed.

25 Nov 2021

The petitioners, former officers of Mysore Paper Mills (a State Government undertaking), challenged the order dated 06-05-2013 passed by the Principal...

High Court

High Court Dismisses Criminal Petition Challenging Cognizance Order in Cheque Dishonour Case - BNSS, 2023 Procedure Not Applicable to Negotiable Instruments Act, 1881 Proceedings

22 Jan 2026

The petitioners challenged the order of taking cognizance in a cheque dishonour case under Section 138 of Negotiable Instruments Act, 1881, contending...

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