Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
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Attachment of Pre Offence Mortgaged Property remains possible under PMLA; secured creditors may pursue statutory claim and seek auction with undertaki...
Sanction for prosecution of a public servant must be granted by the authority competent to remove the officer; a sanction accorded by a subordinate authority is a jurisdictional defect, rendering the sanction void ab initio and necessitating discharge, which was accordingly upheld and proceedings terminated. The statutory requirement in Section 19(1)(c) of the PC Act is anchored in the constitutional safeguard of Article 311(1), and departmental circulars cannot cure the defect; the curative principle is inapplicable where a superior legal impediment exists (withdrawal of general consent), so no fresh sanction could sustain the prosecution.
Sanction for prosecution of a public servant must be granted by the authority competent to remove the officer; a sanction accorded by a subordinate authority is a jurisdictional defect, rendering the sanction void ab initio and necessitating discharge, which was accordingly upheld and proceedings terminated. The statutory requirement in Section 19(1)(c) of the PC Act is anchored in the constitutional safeguard of Article 311(1), and departmental circulars cannot cure the defect; the curative principle is inapplicable where a superior legal impediment exists (withdrawal of general consent), so no fresh sanction could sustain the prosecution.
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