Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
The HC dismissed the petition challenging cognizance under Sections 3 and 4 of the PMLA taken against a public servant who was prosecuted without departmental sanction. The Court held that Section 218 of the BNSS prescribes that prior sanction is required to prosecute a public servant not removable except by the Government for offences alleged to have been committed while exercising official functions; however, it concluded the impugned act-cash and a gold bar found in the petitioner's residential almirah-did not constitute an act performed in official discharge of duties. Notwithstanding the sanction contention, the HC found no merit in the petition and accordingly rejected the challenge.
The HC dismissed the petition challenging cognizance under Sections 3 and 4 of the PMLA taken against a public servant who was prosecuted without departmental sanction. The Court held that Section 218 of the BNSS prescribes that prior sanction is required to prosecute a public servant not removable except by the Government for offences alleged to have been committed while exercising official functions; however, it concluded the impugned act-cash and a gold bar found in the petitioner's residential almirah-did not constitute an act performed in official discharge of duties. Notwithstanding the sanction contention, the HC found no merit in the petition and accordingly rejected the challenge.
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