Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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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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