Search Results for "sanction under Section 279"

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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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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...

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High Court of Karnataka Dismisses Petition Quashing Discharge Rejection in CBI Murder Conspiracy Case. No Sanction Required Under Section 197 CrPC as Alleged Acts Were Not in Performance of Official Duty.

The petitioner, a government servant and accused No. 21, was charged in a murder case involving a property dispute that later expanded to include cons...

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High Court of Bombay at Goa Quashes Criminal Complaints for Lack of Sanction Under Section 197 CrPC — Directors of Government Company Held to be Public Servants. Prosecution under Section 138 NI Act Without Prior Sanction is Not Maintainable.

The petitioners, M/s. Bandekar Brothers Pvt. Ltd. and M/s. Vasantram Metha & Company Pvt. Ltd., filed criminal writ petitions under Article 226 of the...

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High Court of Karnataka Quashes Private Complaint Against Former Chief Minister for Lack of Sanction Under Section 197 CrPC and Section 19 PC Act. Sanction for prosecution of public servants is mandatory and absence of valid sanction renders complaint not maintainable.

The petitioner, a former Chief Minister of Karnataka, sought quashing of a private complaint filed by the respondent before the XXIII Additional City ...

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Bombay High Court Quashes Penalty Proceedings in Income Tax Case Due to Delay in Issuance of Notice Under Section 271(1)(c) of Income Tax Act, 1961. Notice Issued After 8 Years from Filing of Return Held Barred by Limitation.

The applicants, Indian Plywood Manufacturing Co. Ltd. and others, filed income tax returns for the assessment year 1992-93 on 13th September 1992. The...

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Bombay High Court Quashes FIR Against Police Officer in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act. Allegations of Demand and Acceptance of Bribe for Release of Seized Vehicle Fail as No Prior Sanction Obtained for Prosecution of Public Servant.

The petitioner, a Senior Police Inspector, filed a writ petition under Article 226 of the Constitution of India seeking quashing of FIR No. 1256 of 20...

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Bombay High Court Quashes FIR Under Maharashtra Money Lending (Regulation) Act, 2014 for Lack of Sanction. Section 42 of the Act Requires Authorization for Prosecution; Absence of Sanction Renders FIR Unlawful.

The applicants, accused in Crime No. 279/2018 registered at Police Station Dindrud, District Beed for an offence punishable under Section 39 of the Ma...