Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
Priority of set-off: brought forward business losses must be adjusted before unabsorbed depreciation; procedural safeguards required for invoking rest...
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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