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A K Ganju vs Cbi on 22 November, 2013

46.This Court has gone through the judgment of A.K. Ganju (Supra). The judgment in the said case is a fact based judgment. The Hon'ble High Court of Delhi in the said case found that there is no evidence to support the prosecution case under Prevention of Corruption Act, 1988 and rest of the offences are for the violation of MCD Act which have not been notified to the CBI for investigation under Section 3 of the Prevention of Corruption Act, 1988 and as such the charge sheet was quashed. In the said case, the Hon'ble High Court of Delhi has made the observations in the light of the set of the facts of the said case only and those set of facts are different from the set of the facts involved in the present case inasmuch as in the present case, there were direct allegations against the accused persons for commission of offence under Section 13 of the Prevention of Corruption Act, 1988.
Delhi High Court Cites 58 - Cited by 33 - S K Kait - Full Document

State Of Maharashtra Tr.C.B.I vs Mahesh G.Jain on 28 May, 2013

In terms of the law laid in the case of State of Maharashtra through CBI Vs. CC No.385/19 CBI Vs. Anil Kumar & Anrs. Page 21 of 81 Mahesh G. Jain (Supra), it is proved on record that the Sanctioning Authorities prima facie reached to the satisfaction that the relevant facts constituted the offences in question. Even otherwise, sanction orders are not to be construed either in pedantic manner or by any hyper­technical approach to test their validity. Hence, it is proved on record that the sanction orders Ex. PW1/A and Ex. PW2/A vide which sanctions for prosecution were accorded against A­1 Anil Kumar (AE) and A­2 Surendra Kumar (JE), were valid.
Supreme Court of India Cites 22 - Cited by 266 - D Misra - Full Document
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