Tags : government sanction, police officer, prosecution, encounter
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Any self-governed organization cannot be subjected to overarching state control(28.01.2022)
Present appeal by special leave is directed against the judgment of a Division Bench of the High Court, dismissing an appeal. The judgment confirmed a.....
Tags : Trust property, Sanction, Grant
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Prosecution cannot be instituted in absence of sanction of the Insurance Commissioner(19.09.2022)
The present petition is filed under section 482 of Code of Criminal procedure, 1973 (Cr.P.C.) for quashing of complaint filed by the Respondent for th.....
Tags : Summoning order, Sanction, Quashing
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Competency of the Sanctioning Authority can be tested at any stage of the proceedings(11.11.2022)
The Petitioner raises a challenge to the order, by which the Special Court has rejected application claiming discharge. The Petitioner (accused/Talath.....
Tags : Sanction, Prosecution, Validity
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News
SC: HC Can’t Reverse Spl. Court Findings on Sanction’s Validity Except in Case of Failure of Justice(04.08.2023)
Supreme Court has held that no finding, sentence or order passed by the Special Judge under Prevention of Corruption Act shall be reversed or altered .....
Tags : Supreme Court, Special Court, Sanction
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SC: HC Can’t Reverse Spl. Court Findings on Sanction’s Validity Except in Case of Failure of Justice(04.08.2023)
Supreme Court has held that no finding, sentence or order passed by the Special Judge under Prevention of Corruption Act shall be reversed or altered .....
Tags : Supreme Court, Special Court, Sanction
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Supreme Court: No Need to Seek Sanction to Try Retired Bureaucrats(06.12.2019)
Supreme Court has observed that there is no need to seek sanction before prosecuting a retired government employee in a corruption case while holding .....
Tags : Supreme Court, Sanction
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Apex Court: Issue of Invalidity of Sanction to be Raised During Trial and not at Stage of Discharge(30.09.2019)
Apex Court has ruled though the absence of sanction can be raised during stage of discharge application however the issue of invalidity of sanction is.....
Tags : Apex Court, Sanction
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Delhi HC Seeks Police Response on Plea Challenging Sanction to Prosecute Accused for Delhi Riots(11.11.2020)
Delhi High Court has sought response of police on a plea by an accused, booked under the stringent anti-terror law Unlawful Activities (Prevention) Ac.....
Tags : Delhi High Court, Sanction to Prosecute Accused for Delhi Riots
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Supreme Court: Mere Irregularity in Sanction will not Vitiate Conviction in Corruption Cases(28.11.2019)
Supreme Court has reiterated that a mere error, omission or irregularity in sanction in corruption cases is not considered to be fatal unless it has r.....
Tags : Supreme Court, Sanction
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Previous sanction for prosecution of the public servant is necessary whether the act or omission for which the accused is charged, has a reasonable nexus with discharge of official duty(15.11.2022)
Present is an application under Section 482 of the Code of Criminal Procedure, 1973 ('CrPC') seeking discharge. The applicant (accused No. 13) has ini.....
Tags : Discharge, Entitlement, Sanction
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Sanction is not required to prosecute a public servant who faces accusation of creating fake documents by misusing his official position(17.01.2024)
The Appellant as the complainant lodged a first information report alleging that Respondent No. 2 were irregularly creating documents of property in t.....
Tags : Sanction, Provision, Applicability
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Cal. HC: Builders Cannot Seek Extension for Construction After Expiry of Sanction Plan(04.10.2022)
Calcutta High Court has held that builders cannot file for extension of sanctioned building plans after expiry of the period permitted for constructio.....
Tags : Calcutta High Court, Sanction Plan, Renewal
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Del HC: Sanctioning Authority's Order Can’t be Challenged in Delhi When Proceeding Pending Elsewhere(10.10.2022)
Delhi High Court has held that mere fact that authority granting sanction for prosecution under UAPA is located in Delhi, will not give the court the .....
Tags : Delhi High Court, UAPA, Sanctioning Authority
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Orissa HC: If Impugned Act Has Nexus With Duty Sanction Must be Obtained to Prosecute Public Servant(04.11.2022)
Orissa High Court has held that sanction must be obtained under Section 197 of Criminal Procedure Code if impugned act of public servant has a reasona.....
Tags : Orissa High Court, Sanction, Official Duty
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Kerala HC: Sanction Order to Contain Reasons for Sanction for Prosecution of Public Servant(29.11.2021)
Kerala High Court has observed that a sanction order should contain reasons and must also reflect the materials considered by the authority for the pu.....
Tags : Kerala High Court, Sanction for Prosecution of Public Servant
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Kerala HC Seeks State Response on Contempt Plea Challenging Land Acquisition Without Sanction(01.12.2021)
Kerala High Court has sought the response of the State and the Kerala Rail Development Corporation Ltd (K-Rail) in a petition seeking to initiate cont.....
Tags : Kerala High Court, Land Acquisition Without Sanction
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Allahabad HC: S. 482 CrPC Plea Maintainable To Annul Proceedings Which Are Ex Facie Bad(11.01.2022)
Allahabad High Court stated that an application under Section 482 of Criminal Procedure Code (CrPC) is maintainable to quash the proceedings, which ar.....
Tags : Allahabad High Court, Section 482 Crpc, Sanction to Prosecute
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Once any act or omission has been found to have been committed by a public servant in discharge of his duty then, it must be given liberal and wide construction(26.09.2017)
The Petitioner have filed applications challenging the impugned order passed by Sub-divisional Judicial Magistrate, taking cognizance of offences unde.....
Tags : Proceedings, Sanction, Legality
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Detaining suspect illegally outside ‘official duties’ of police(05.07.2016)
Police officials cannot be said to be acting “in the discharge of official duties” when they illegally detain a suspect longer than is claimed by them.....
Tags : criminal, police, sanction, illegal detention
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Supreme Court: Acquittal under PC Act Cannot be Based Only on the Ground of Invalid Sanction(24.01.2024)
Supreme Court has held that acquittal of an accused under the Prevention of Corruption Act (PC Act) cannot be based on the sole ground of invalid sanc.....
Tags : Supreme Court, Invalid Sanction, Acquittal, Prevention of Corruption Act
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Kerala HC: Universities Should Prefer Candidates on Rank Lists by PSC for Sanctioned Posts(19.03.2021)
Kerala High Court has held that while making appointments to temporary posts of university assistants, either through contractual appointment or on da.....
Tags : Kerala High Court, Candidates for Sanctioned Posts
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MP HC: Magistrate Rejecting Closure Report in Corruption Case Can’t Direct Police to Obtain Sanction(09.12.2022)
Madhya Pradesh High Court has held that a Magistrate cannot decline to accept the closure report and simultaneously direct the State to obtain sanctio.....
Tags : Madhya Pradesh High Court, Corruption, Police, Sanction
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Bom. HC: For Issuing Reopening Notice After Three Years, Sanctioning Authority has to be PCCIT(02.05.2024)
Bombay High Court has held that in order to reopen notice after the expiry of three years, the sanctioning authority has to be the Principal Chief Com.....
Tags : Bombay High Court, PCCIT, Sanctioning Authority
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SC: Chargesheet Can’t be Said to be Incomplete Merely Because it was Filed Without Sanction(01.05.2023)
Supreme Court while observing that merely because chargesheet was filed without it can’t be considered an incomplete chargesheet, has held that accuse.....
Tags : Supreme Court, Chargesheet, Sanction, Default Bail
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Developer Should Mandatorily Display Sanction Plan/Layout Plans at the Site Itself: SC(01.10.2018)
Supreme Court, taking note of rampant violations by real estate developers, has ordered that the developer should mandatorily display sanction plan/la.....
Tags : Supreme Court, Sanction Plans
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SC: Sanction for Prosecution U/S 197 CrPC Required for Acts Done in Excess of Official Duty(19.06.2023)
Supreme Court has held that sanction for prosecution under Section 197 CrPC is required not only for acts done in discharge of official duty but also .....
Tags : Supreme Court, Sanction, Prosecution, Official Duty
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SC: Govt. Can’t Create Posts & Absorb Those in Service in the Absence of Sanctioned Posts(12.04.2023)
Supreme Court has observed that government can’t be compelled to create post and absorb people who are continuing in service of the State, in the abse.....
Tags : Supreme Court has observed that government can’t be compelled to create post and absorb people who are continuing in service of the State, in the absence of sanctioned posts.
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SC: Govt. Can’t Create Posts & Absorb Those in Service in the Absence of Sanctioned Posts(12.04.2023)
Supreme Court has observed that government can’t be compelled to create post and absorb people who are continuing in service of the State, in the abse.....
Tags : Supreme Court, Sanctioned Posts, Employees
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P&H HC: Specific Time Limit for Grant of Sanction for Prosecution Under UAPA Rules 2008 is Mandatory(23.05.2023)
Punjab and Haryana High Court while observing that time grant for prosecution sanction under UAPA (Recommendation and Sanction of Prosecution) Rules, .....
Tags : Punjab and Haryana High Court, Prosecution Sanction, UAPA, Bail
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Ker. HC: To Proceed Against an Offence Committed Partly in India, Sanction of Centre Not Required(19.07.2024)
Ker. HC while directing Trial Court to proceed against an offence that was partly committed in India and partly abroad, has referred to Sartaj Khan vs.....
Tags : Kerala High Court, Trial Court, Sanction
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Delhi HC Tells JNU to Sanction Leave to Professor for Fellowship(15.09.2020)
Delhi High Court has directed Jawaharlal Nehru University (JNU) to sanction extraordinary leave (EOL) to one of its professors, Udaya Kumar, to pursue.....
Tags : Delhi High Court, Sanction Leave to Professor for Fellowship
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Supreme Court: Accused Should Challenge UAPA Sanction at the Earliest(24.09.2024)
Supreme Court has held that in ordinary circumstances challenge to sanction under UAPA should be raised at the earliest possible opportunity so as to .....
Tags : Supreme Court, UAPA Sanction, Trial Court
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SC: Pending Investigation & Grant of Prosecution Sanction Not Enough to Adopt Sealed Cover Procedure(26.09.2024)
SC has stated that in disciplinary/criminal proceedings against an employee, sealed cover procedure is to be resorted to only after issuance of charge.....
Tags : Supreme Court, Prosecution Sanction, Sealed Cover Procedure
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