Search Results Page

Search Results

1 - 10 of 51 (2.79 seconds)

D K Sharma vs State Of Delhi on 20 March, 2025

7. It is also submitted that the sanction order is invalid as it was accorded without proper application of mind and was issued by an official who did not have the requisite authority. The appellant places reliance on State of Karnataka v. C. Nagarajaswamy (2005) 8 SCC 370, wherein the Hon'ble Supreme Court held that the prosecution launched without a valid sanction is null and void.
Delhi High Court Cites 24 - Cited by 0 - C D Singh - Full Document

The State Of Madhya Pradesh vs Ravi Shankar Singh on 2 November, 2020

In similar circumstances, the Supreme Court in Nagarajaswamy's case, directed fresh proceedings against the accused despite a long protracted trial in the first instance but directed the Trial Court to conclude the trial within a period of six months if possible, giving liberty to the accused to reagitate his case if the trial does not conclude within six months. The fact remains that if inordinate delay takes place in the conclusion of the trial, for no apparent fault of the accused, his right under Article 21 kicks in and his petition for quashing the retrial ordered on account of the first trial ending in a discharge due to invalid sanction, may effectively be sustained on the grounds of violation of the right to speedy trial. In such cases, it may be impractical to direct the trial Court to conclude the trial from scratch within six months, when the first trial itself took more than a decade to conclude.
Madhya Pradesh High Court Cites 40 - Cited by 0 - Full Document

Deloitte Haskins And Sells Llp vs Union Of India And Ors on 21 April, 2020

(1979) 4 SCC 172-- Mohd. Iqbal Ahmed vs. State of A.P. para 3 to urge that case without proper sanction is void ab initio, (2000) 8 SCC 500- Abdul Wahab Ansari vs. State of Bihar, para 7 & 8 which is case of no sanction, (2005) 8 SCC 370-State of Karnataka vs. Nagrajaswamy, para 15 & 19 reaching same view independently, are also pressed into service.
1   2 3 4 5 6 Next