News Muncher - category prior sanction

1 month, 1 week ago

Supreme Court Monthly Digest- December 2024 With Statute And Subject Wise Index

Live Law

Acquittal Court, while acquitting the accused, cannot order that he must be subjected to re-investigation for the same offence. v. Union of India, 2024 LiveLaw 1049 Order 7 Rule 11 CPC – Limitation Act, 1963; Article 59 - Rejection of Plaint – Suit for cancellation of a registered sale deed - Limitation - Whether the High Court was justified in …

India Delhi Supreme Court High Court Rare Constitution Uttar Pradesh

1 month, 3 weeks ago

Prior Sanction For Entertaining Private Complaint Under PC Act? Supreme Court To Hear Former Karnataka CM Yediyurappa's Pleas From February 28

Live Law

The Supreme Court on Friday said it will begin hearing matters pertaining to cases registered under Prevention of Corruption Act involving former Karnataka Chief Minister B.S Yediyurappa from February 28. In the 5 matters listed against the former Karnataka CM, arising out of five different factual backgrounds, the common issue raised is whether prior sanction would be. In the 5 …

Karnataka Supreme Court Court Land Sanction Act Hear

2 months ago

Not filing charge sheets against officials without prior sanctions, says ED

Hindustan Times

The Enforcement Directorate has asked all its units across the country to take prior sanction under section 197 of the Criminal Procedure Code before filing prosecution complaints in money laundering cases, people familiar with the development said on Monday. The decision comes in light of a Supreme Court ruling in November 2024, which stated that section 197 -- the Central …

Cases Public Servants Sanction Charge Public Pmla Crpc

Supreme Court Annual Digest 2024: BNSS & Cr.PC

Live Law

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 | SUPREME COURT ANNUAL DIGEST 2024 CORRESPONDING CR.P.C. Sharif Ahmed v. State of Uttar Pradesh, 2024 LiveLaw 337 : AIR 2024 SC 2420 : 2024 CriLJ 2322 Section 173 Cr.P.C. Sharif Ahmed v. State of Uttar Pradesh, 2024 LiveLaw 337 : AIR 2024 SC 2420 : 2024 CriLJ 2322 Section 239 - Court may alter …

Government Karnataka Tamil Nadu Delhi Supreme Court High Court Bihar

2 months ago

Supreme Court Monthly Digest- November 2024 With Statute And Subject Wise Index

Live Law

Adverse Possession The dispute involved the ownership and possession of land claimed by the respondents based on revenue records and challenged by the appellants on the grounds of adverse possession. Ramakant Ambalal Choksi v. Harish Ambalal Choksi, 2024 LiveLaw 939 Order 39 and 43 - Temporary Injunction - Appeal from orders - High Courts must not substitute their views for …

India Christianity Delhi Supreme Court High Court Higher Education Medical Negligence

3 months ago

S. 197 CrPC | Sanction For Prosecution Needed When Alleged Offence Was Connected To Discharge Of Official Duties : Supreme Court

Live Law

The Supreme Court recently quashed a criminal case and summoning order against a District Town Planner, ruling that no prior sanction under Section 197 of the Cr.P.C. The bench comprising Justices BV Nagarathna and N Kotiswar Singh heard the criminal appeal filed by one Gurmeet Kaur, a District Town Planner against the High Court's refusal to quash the criminal case …

Court Sanction Demolition Official Duties Official Duties Crpc

3 months ago

Public Servant Exceeding Powers While Performing Official Duties Would Be Protected U/S 197 CrPC: J&K High Court

Live Law

The Jammu and Kashmir and Ladakh High Court has ruled that Section 197 of the Code of Criminal Procedure provides protection not only for acts performed by public servants in the discharge of their official duties but also for those done in the purported discharge of such duties. Justice Sanjay Dhar, while quashing an order directing the registration of an …

Court Public Servants Discharge Order Official Public Jammu

3 months, 1 week ago

Delhi HC issues notice to ED on Sisodia’s plea

Hindustan Times

The Delhi high court on Monday issued a notice to the Enforcement Directorate on a plea filed by former Delhi deputy chief minister Manish Sisodia, challenging a city court’s decision to take cognisance of the probe agency’s charge sheet in the Delhi excise policy case. Sisodia contended that ED failed to obtain the requisite sanction under Section 197 before prosecuting …

Delhi Court Sisodia Crpc Prior Sanction Section 197

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024

Live Law

Index Citations M/S Ajay Protech Pvt. Case Details: State of Karnataka v. Chandrasha Criminal Appeal No.2646 Of 2024 Citation: 2024 LiveLaw 926 While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of …

India Karnataka Justice Tamil Nadu Kerala Delhi Supreme Court

Delhi HC refuses to stay court proceedings against Kejriwal

Hindustan Times

The Delhi high court on Thursday refused to immediately stay the trial court proceedings pending against former Delhi chief minister Arvind Kejriwal in the excise policy case being probed by the Enforcement Directorate. Even as a bench of justice Manoj Kumar Ohri issued notice in the Aam Aadmi Party chief’s petition seeking to quash a city court’s order taking cognizance …

Court Proceedings Sanction Charge Cbi Chief Sheet Filed

3 months, 3 weeks ago

SC ruling provides precedent as Chidambaram gets relief, Kejriwal seeks protection

Hindustan Times

Senior Congress leader and former Union minister P Chidambaram on Wednesday succeeded in getting the trial proceedings against him in the Aircel-Maxis case stayed, while former Delhi chief minister Arvind Kejriwal moved the Delhi high court demanding a similar relief in the Delhi excise policy case -- developments that have put the spotlight on a November 6 Supreme Court ruling, …

Delhi Supreme Court Court Public Servants Sanction Charge Union

4 months ago

No Prosecution For Possessing Waqf Property Without Sanction From Waqf Board If Possession Was Before Insertion Of S.52A Waqf Act: Kerala HC

Live Law

The Kerala High Court held that there cannot be a prosecution under Section 52A of the Waqf Act for taking possession of Waqf property without prior sanction of the Waqf Board if there was prior possession of the property, that is before the insertion of Section 52A in 2013. Section 52A of the Waqf Act provides rigorous imprisonment up to …

Property Court Office Post Act Possession Waqf Board

4 months, 1 week ago

Prior sanction a must in PMLA cases against officials, says SC

Hindustan Times

The Supreme Court on Wednesday ruled that prior sanction is mandatory to prosecute public servants in money laundering cases, establishing a key procedural safeguard under the stringent Prevention of Money Laundering Act and adding a layer of accountability to PMLA prosecutions involving public servants. The decision, rendered by a bench of justices Abhay S Oka and AG Masih, reinforced the …

Court Cases Public Servants Public Provision Servants Pmla

1 year, 6 months ago

SC holds its 2014 verdict invalidating prior sanction before probing corruption against senior govt. officials has retrospective effect

The Hindu

A Constitution Bench on Monday held that a Supreme Court judgment of 2014 which declared invalid a legal provision mandating the Central Bureau of Investigation to take prior permission before investigating corruption cases against senior government officials has a retrospective effect. A five-judge Bench headed by Justice Sanjay Kishan Kaul said the provision in question, Section 6A of the Delhi …

Corruption Judgment Constitution Constitution Bench Cbi Act Bench

1 year, 8 months ago

Extortion case: Sameer Wankhede says prior sanction taken from home ministry for probe 'unlawful'

India Today

Former NCB zonal director, Sameer Wankhede told the Bombay High Court on Wednesday that the prior sanction taken by central agencies to prosecute him on corruption charges was not lawful as it was obtained from the wrong Union Ministry. Wankhede's counsel Aabad Ponda argued before the bench of Justices AS Gadkari and SG Dige that the sanction to investigate Wankhede …

Court Bombay High Court Wankhede High Cbi Ministry Ncb

2 years, 4 months ago

Calcutta High Court Half Yearly Digest: January To June 2022 [Citations 1 - 261]

Live Law

Nominal Index Dr. Avinandan Mondal v. State of West Bengal & Ors 2022 LiveLaw 1 Bimal Bhattacharya v. State of West Bengal & Ors LiveLaw 2 Pratik Maitra v. State of West Bengal 2022 LiveLaw 3 Shri Aloke Singh & Ors v. Indian Statistical Institute & Ors 2022 LiveLaw 4 Amit Kumar Das and Ors v. State of West Bengal …

India Zoo High Court Constitution Republic Day Criminal Procedure Land Acquisition Act

2 years, 7 months ago

Trust Property Cannot Be Alienated Unless It Is For Benefit Of Trust And/Or Its Beneficiaries: Supreme Court

Live Law

The Supreme Court observed that a trust property cannot be alienated unless it is for the benefit of the Trust and/or its beneficiaries.When a Trust property is transferred without prior sanction of the Registrar under Section 14 and/or without following a fair and transparent process, it can be always said that the Trust property is not being. When a Trust …

Supreme Court Property Court Registrar Trusts Public Trust Act

2 years, 8 months ago

Using the loopholes: Delhi HC disallows filing of FIRs against BJP leaders

The Hindu

Published : Jun 26, 2022 18:00 IST Amid the controversy surrounding a BJP spokesperson’s comments about Prophet Mohammed on national television some weeks ago, which got her suspended from the party, the Delhi High Court passed a recent order that disallowed the filing of FIRs against two prominent leaders of the same party in a different context. On June 13, …

Delhi Supreme Court Court Hate Speech Sanction Hate Leaders

2 years, 9 months ago

Patna High Court Refuses To Quash FIR Against Former Vice Chancellor Of Magadha University In Corruption Case, Denies Pre-Arrest Bail

Live Law

The Patna High Court has refused to quash the FIR registered against former Vice Chancellor of Magadh University Rajendra Prasad alias Dr. Rajendra Prasad in connection with a corruption case. The FIR was sought to be quashed on the sole ground that it is in derogation of the newly added Section 17A of the Prevention of Corruption Act, 1988 which …

Court University Singh Act Alleged Vice Pat

2 years, 11 months ago

Pre-Payment Charges Can't Be Imposed By Bank Without Giving Prior Information Of The Same: Orissa High Court

Live Law

The Orissa High Court has held that ' pre-payment charges ' cannot be imposed by the banks without furnishing prior information about the same. Brief facts: The petitioners challenged communication dated 7th February 2022 by which the respondent bank informed the petitioners about debit of pre-payment charges for closure of credit facilities. He also submitted that the circular was not …

Court Information Bank Sanction Charges Rbi Letter

3 years, 1 month ago

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court

Live Law

In a significant development, the Calcutta High Court on Thursday observed that a prior sanction for prosecuting public servants is required before setting in motion even the investigative process under Section 156 of the Code of Criminal Procedure, 1973. The Court also noted that the issue in consideration as to whether prior sanction for prosecution qua allegation of corruption in …

Procedure Court Criminal Criminal Procedure Public Servants West Bengal Sanction

3 years, 4 months ago

Supreme Court Weekly Round Up: Nov 1 To Nov 7, 2021

Live Law

Insurance Claim Liable To Be Rejected If Premium Was Not Paid On Due Date : Supreme CourtCase name: Life Insurance Corporation of India vs Sunita Citation: LL 2021 SC 617The Supreme Court observed that it is not permissible to rewrite the contract while interpreting the terms of the Insurance Policy.The bench of Justices Sanjiv Khanna and Bela M. Trivedi said …

Supreme Court Criminal Kashmir Case State Ipc Round

3 years, 4 months ago

Prior Sanction Of Magistrate Not Mandatory For Investigating Non-Cognizable Offence Along With Cognizable Offence : Supreme Court

Live Law

The Supreme Court has held that prior sanction of the Magistrate is not mandatory for investigating a non-cognizable offence along with a cognizalbe offence.A bench comprising Justices MR Shah and AS Bopanna held so while dealing with an appeal against a judgment of the Jammu and Kashmir High Court, which quashed an FIR for offences under under the J&K Prevention …

Supreme Court High Court Court Criminal Sanction Held High

3 years, 7 months ago

Supreme Court reiterates limits of legislative privileges while disallowing Kerala’s plea

The Hindu

The Left Democratic Front government in Kerala faced an embarrassing setback on July 28 when the Supreme Court ruled against its appeal to withdraw the criminal prosecution case against six former LDF legislators accused of destruction of property and vandalism in the State Assembly on March 13, 2015. The Supreme Court also disallowed the government’s appeal and reaffirmed that legislators …

Kerala Supreme Court Criminal Law Constitution Court Budget Public Property

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Articles for Prior Sanction

Supreme Court Monthly Digest- December 2024 With Statute And Subject Wise Index

Prior Sanction For Entertaining Private Complaint Under PC Act? Supreme Court To Hear Former Karnataka CM Yediyurappa's Pleas From February 28

Not filing charge sheets against officials without prior sanctions, says ED

Supreme Court Annual Digest 2024: BNSS & Cr.PC

Supreme Court Monthly Digest- November 2024 With Statute And Subject Wise Index

S. 197 CrPC | Sanction For Prosecution Needed When Alleged Offence Was Connected To Discharge Of Official Duties : Supreme Court

Public Servant Exceeding Powers While Performing Official Duties Would Be Protected U/S 197 CrPC: J&K High Court

Delhi HC issues notice to ED on Sisodia’s plea

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024

Delhi HC refuses to stay court proceedings against Kejriwal

SC ruling provides precedent as Chidambaram gets relief, Kejriwal seeks protection

No Prosecution For Possessing Waqf Property Without Sanction From Waqf Board If Possession Was Before Insertion Of S.52A Waqf Act: Kerala HC

Prior sanction a must in PMLA cases against officials, says SC

SC holds its 2014 verdict invalidating prior sanction before probing corruption against senior govt. officials has retrospective effect

Extortion case: Sameer Wankhede says prior sanction taken from home ministry for probe 'unlawful'

Calcutta High Court Half Yearly Digest: January To June 2022 [Citations 1 - 261]

Trust Property Cannot Be Alienated Unless It Is For Benefit Of Trust And/Or Its Beneficiaries: Supreme Court

Using the loopholes: Delhi HC disallows filing of FIRs against BJP leaders

Patna High Court Refuses To Quash FIR Against Former Vice Chancellor Of Magadha University In Corruption Case, Denies Pre-Arrest Bail

Pre-Payment Charges Can't Be Imposed By Bank Without Giving Prior Information Of The Same: Orissa High Court

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court

Supreme Court Weekly Round Up: Nov 1 To Nov 7, 2021

Prior Sanction Of Magistrate Not Mandatory For Investigating Non-Cognizable Offence Along With Cognizable Offence : Supreme Court

Supreme Court reiterates limits of legislative privileges while disallowing Kerala’s plea