Showing : 1-3 of 3 Results

SUPREME COURT OF INDIA
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(d)-- Public servant - Sanction for prosecution - Cognizance taken when there was no sanction for prosecution - Sanction issued retrospectively - This is a fundamental error which invalidates the cognizance as without jurisdiction...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(d)-- Public servant - Sanction for prosecution - Prosecution of Public Servant in corruption case - Accused serving in Govt. undertaking - Under service rules, power of appointment and dismissal vested in Board of Directors - Sanction for prosecution issued by Chairman of company - It is not valid..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(d)-- Public servant - Sanction for prosecution - Cognizance taken without sanction for prosecution - Order of taking cognizance set aside - In view of gravity of offence, authority permitted to issue a fresh sanction order and proceed afresh from the stage of taking cognizance of offence in accordance..........

Showing : 1-3 of 3 Results