Supreme Court of India
P.L. Tatwal v. State of Madhya Pradesh
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the view that the trial court should conduct a proper inquiry as to whether all the 8 relevant materials were placed before the competent authority and whether the competent authority has referred to the same so as to form an opinion as to whether the same constituted an offence requiring sanction for prosecution.
Judgment, page 13
From the headnote
PREVENTION OF CORRUPTION ACT, 1988: s. 19 (1) (c) rlw 13 (1) (d) and 13 (2) - Previous sanction -- Competent Authority - Assistant Engineer appointed when Corporation was ruled by Administrator - Sanction accorded by Standing Committee of Corporation - Held: Administrator is only an ad hoc arrangement made by Government u/s 424 of Municipal Corporation Act when an elected committee is superseded or dissolved -- Standing Committee being appointing authority of appellant, was the competent aut/1ority to accord sanction - Madhya Pradesh Municipal Corporation Act, 1956 - SS. 58 and 424. s. 19 -
Authorities it was built on
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