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Bombay High Court Dismisses Appeal in Construction Dispute — No Sanction Order Existed, No Estoppel Against Corporation. Plaintiffs failed to prove deemed sanction under Section 264 of Maharashtra Municipal Corporations Act, 1949 as no formal order was passed and no notice of revocation was issued.

The appellants, original plaintiffs, owned plot nos. 71/72, 70/2 and 70/3 on Sheet No. 67-D at Amravati. They filed Regular Civil Suit No. 193 of 1988...

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Supreme Court Upholds Acquittal in TADA Case Due to Invalid Sanction — Prior Sanction Under Section 20A(2) TADA Must Show Application of Mind. The Designated Court's finding of non-application of mind in sanction order was upheld, and the prosecution could not proceed under TADA.

The State of Gujarat appealed against the acquittal of three respondents by the Designated Judge, Jamnagar, in Special TADA Case Nos.3/1994, 3/1997, a...

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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.

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...

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Supreme Court Dismisses Appeal Against Conviction of Dismissed Public Servant for Criminal Misconduct Under Prevention of Corruption Act, 1947. No Sanction Under Section 6 Required as Accused Was No Longer a Public Servant at Time of Cognizance.

The Supreme Court of India considered the requirement of sanction under Section 6 of the Prevention of Corruption Act, 1947 in a case where the accuse...

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Bombay High Court Quashes Sanction Order in Corruption Case Against Range Forest Officer — Sanction Granted Without Application of Mind. Sanction under Section 19(1)(b) of Prevention of Corruption Act, 1988 set aside as sanctioning authority failed to independently consider material evidence.

The petitioner, Rajendra Gangadhar Rane, a Range Forest Officer, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of Indi...

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High Court Discharges Public Servant in Corruption Case for Lack of Sanction Under Section 19 of Prevention of Corruption Act. Sanction for prosecution is mandatory and absence of valid sanction vitiates proceedings.

The applicant, Bibhas Chandra Singh, a public servant employed as General Manager (Mines) in Western Coalfields Ltd., filed a criminal revision applic...

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Supreme Court Dismisses Municipal Corporation's Appeal in Deemed Sanction Case. Failure to Communicate Refusal Within 60 Days Under Section 337 of Delhi Municipal Corporation Act, 1957 Results in Deemed Approval of Building Plans.

The case involves a dispute between the Appellant and Respondent, now deceased, represented by legal representatives) regarding deemed sanction of bui...

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Bombay High Court Allows Revision Application and Discharges Accused in Corruption Case Due to Lack of Sanction for Prosecution. The court held that sanction under Section 19 of the Prevention of Corruption Act, 1988 is mandatory for prosecuting a public servant, and its absence vitiates the proceedings.

The case involves a criminal revision application filed by Sunil Achyutrao Thete, who was charged with offences under Sections 7, 12, 15, 13(1)(d) rea...

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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.

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...