Search Results for "sanction validity"

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Search Results for "sanction validity"

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Supreme Court

Supreme Court Dismisses Appeal Challenging Sanction and Cognizance in UAPA Case — No Infirmity Found in Sanction Order or Cognizance Proceedings. The Court upheld the validity of the NIA's takeover of investigation and the sanction order under Section 45(2) UAPA, finding that the timeline for independent review is directory and the cognizance order was based on prima facie material.

20 Sep 2024

The Supreme Court dismissed the appeal filed by Fuleshwar Gope challenging the judgment of the Jharkhand High Court which refused to quash the sanctio...

Supreme Court

Supreme Court Dismisses Appeal Challenging Sanction and Cognizance in UAPA Case — No Infirmity Found in Sanction Order or Cognizance Order. Court upholds validity of suo-motu sanction under Section 45(2) of UAPA and cognizance order under Section 120B IPC read with UAPA and CLA Act.

20 Sep 2024

The Supreme Court dismissed the appeal filed by Fuleshwar Gope challenging the judgment of the Jharkhand High Court which refused to quash the sanctio...

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...

High Court

Bombay High Court Allows CBI Revision and Dismisses Accused's Writ Petitions in PMLA Case — Sanction for Prosecution Not Required Under Section 197 CrPC for PMLA Offences. The court held that the Prevention of Money Laundering Act, 2002 is a complete code and offences under it are not scheduled offences under the Criminal Procedure Code, 1973, thus no sanction under Section 197 CrPC is necessary for prosecution of public servants.

9 Jan 2024

The judgment arises from a Criminal Revision Application filed by the Central Bureau of Investigation (CBI) challenging an order of the Special Judge ...

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 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 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.

27 Feb 2019

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...

High Court

High Court of Karnataka Dismisses Petition Challenging Validity of Sanction in Corruption Case Against Motor Vehicles Inspector. Sanction for prosecution under Section 19 of Prevention of Corruption Act, 1988 held valid as sanctioning authority applied its mind to the material.

15 Jun 2017

The petitioner, Dr. H. C. Sathyan, a Motor Vehicles Inspector working at the RTO Office, Sakleshpur, was charge-sheeted by the Karnataka Lokayukta Pol...

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

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,...

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