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complaint was rejected on account of absence of necessary
sanction of the Governor of Maharashtra State under ... necessary to prosecute him. it is not
necessary to ascertain which would be the authority
competent to sanction prosecution
Supreme Court of India
Prevention Of Corruption Act, 1988
19. Previous sanction necessary for prosecution.-
(1) No court shall take cognizance ... committed by a public servant, except with the previous sanction,--
(a) in the case of a person
Central Government Act
trial was illegal and void as the necessary sanction under
s. 196-A(2) of the Code of Criminal ... prosecution had been
conducted, without obtaining the necessary sanction, under
S. 196A of the Code of Criminal Procedure
Supreme Court of India
obvious reasons. Therefore, it is prayed that if
sanction is necessary, this court should issue a writ of mandamus ... reads as follows:
"19. Previous sanction necessary for prosecution.- (1) No
Court shall take cognizance of an offence punishable
Kerala High Court
must precede the institution
of the prosecution.
Whether sanction is necessary to prosecute a public servant
on a charge ... they are unconnected with such duties, then no
sanction is necessary.
Hori Ram Singh v. Emperor
Supreme Court of India
therefore bad in the absence of
the necessary sanction. [215 F-G]
Amrik Singh v. State of Pepsu ... absence of the
necessary sanction.
Mr. Shroff for the respondent said that the decisions of
this Court
Supreme Court of India
25th
March 1949.
6. It would appear that the necessary sanction had been obtained prior
to the submission ... offences had been taken long before the necessary
sanctions were given.
12. There is nothing useful in the aforesaid
Allahabad High Court
passed by a special Judge.
19. Previous sanction necessary for
prosecution.(1) No court shall take
cognizance ... even remotely suggest that
previous sanction was necessary before a court
could take cognizance of the offences
mentioned therein
Supreme Court of India
offence for the prosecution of which the
sanction may be necessary. But if the same officer
commits ... stage of the proceeding. The question whether
sanction is necessary or not may have to be determined
from stage
Supreme Court of India
land by metes and bounds, provided he
obtains the necessary sanction from the Collector before the lands is
partitioned ... from the date on which the Collector gives the necessary
sanction. I cannot agree. In my opinion, if ultimately
Bombay High Court
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