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Supreme Court of India

Fuleshwar Gope v. Union of India & Ors.

Neutral citation
Reported as [2024] 10 S.C.R. 315
Bench C.T. Ravikumar and Sanjay Karol JJ.
Decided 23 September 2024

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.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We hold that independent review as well as application of mind are questions to be determined by way of evidence and as such should be raised at the stage of trial, so as to ensure that there is no undue delay in the proceedings reaching their logical and lawful conclusion on these grounds.

Judgment, page 57

From the headnote

Issue for Consideration Issue arose as to whether the validity of the Sanction Order can be challenged at any stage; whether violation of s.45(2) of the UAPA r/w rr.3 and 4 of the 2008 Rules, if any, vitiates the proceedings, whether violation of statutory timelines and the requirement of independent review which includes application of mind, are necessary aspects of procedure; whether the appellant’s involvement were actually independent of the ones in which -6 and other members were arrayed as accused; and whether the statutory exemption u/s.22 of the UAPA applies to the appellant who

Authorities it was built on

Where later benches applied it

Of those, 1 referred to

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