17 June 2024


Search Results for Tag : Sanction

Judgments

Question of sanction can be raised at time of framing of charges(25.04.2016)

Central government sanction against policemen is not required if prosecution is able to prove its case of them having partaken in a fake encounter.

Tags : government sanction, police officer, prosecution, encounter

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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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Notifications & Circulars

4604 DDG Projects Sanctioned for Covering 4745 Villages and Hamlets(08.08.2016)

Ministry of Power is implementing Decentralized Distributed Generation (DDG) under Deen Dayal Upadhyaya Gram Jyoti Yojana (DDUGJY) through Rural Elect.....

Tags : Electricity, Access, Un-electrified villages, Sanction

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Sanction cannot be held invalid only for reason that in administrative notings different authorities have opined differently(18.10.2016)

Appellant is an officer of cadre of Indian Revenue Service ("IRS"), who entered into service through 1992 batch. An FIR was registered by Central Bure.....

Tags : Sanction, Validity

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Sanction of Additional Working Capital Limits to Micro and Small Enterprises(29.12.2016)

Refer to circular FIDD.MSME & NFS.BC.No.60/06.02.31/2015-16 dated August 27, 2015 on 'Streamlining flow of credit to Micro and Small Enterprises (MSEs.....

Tags : Working Limits, Sanction

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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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No contract shall bind the Corporation if not made in accordance with the provisions of Act(06.09.2018)

The Pune Municipal Corporation has preferred present First Appeal against the money decree passed by the trial Court. The Learned Trial Judge, by the .....

Tags : Money decree, Loan, Sanction

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News

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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Sanction for 5595 electric buses under Fame Phase-II(08.08.2019)

The Department of Heavy Industry has approved the sanction of 5595 electric buses to 64 Cities, State Government Entities, State Transport Undertaking.....

Tags : Sanction, Electric Buses, Fame Phase-II

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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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FIR cannot be registered without sanction of Competent Authority in TADA Offences(16.10.2019)

Present appeal by the Accused is directed against the order passed by the Designated TADA Court whereby the application filed by the Accused that, the.....

Tags : TADA offence, Sanction, Requirement

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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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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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Promoters are obliged under MOFA to make true and full disclosure of a sanctioned layout plan(25.01.2019)

The case of the Plaintiff was that after having disclosed a sanctioned layout containing 15 buildings and open and amenity spaces including Recreation.....

Tags : Disclosure, Duty, Sanctioned plan

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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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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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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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Sanction under Section 197 of CrPC is required to prosecute public servants, if alleged act committed is directly concerned with official duty(23.07.2021)

The Appellant, is the complainant in FIR registered under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code, 1860 (IPC) and Sections 3(1)(.....

Tags : Cognizance, Official duty, Sanction

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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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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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UNSCR 1718 Sanctions Committee on DPRK amends one Entry on its Sanctions List(13.07.2022)

1. Please refer to our circular DoR.AML.REC.03/14.06.001/2021-22 dated April 08, 2021 advising Regulated Entities (REs) to adhere to the 'Implementati.....

Tags : Sanctions, Committee, DPRK

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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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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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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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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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Manner of processing and sanction of IGST refunds(28.11.2022)

1. Attention is invited to Standard Operating Procedures (SOPs) for verification of risky exporters and their suppliers dated 23.01.2020 issued to CGS.....

Tags : Processing, Sanction, IGST refunds

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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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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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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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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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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: 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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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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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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Action against IIFL Finance Limited under Section 45L(1)(b) of the Reserve Bank of India Act, 1934(04.03.2024)

The Reserve Bank of India has, in exercise of its powers under Section 45L(1)(b) of the Reserve Bank of India Act, 1934, directed IIFL Finance Ltd. (".....

Tags : Gold loan, Sanctioning of, Direction

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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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