Showing : 91-100 of 414 Results

RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197(1)-- Sanction for prosecution - Tehsildar - Holds a public post but his services are not terminable save by or with sanction of government - Sanction for prosecution not required...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197(1)-- Sanction for prosecution - Two requirements to be fulfilled are : (i) it should be a case of public servant not removable from his service save by or with the sanction of government; (ii) offence alleged to have been committed by him was while acting or purporting to act in discharge of official..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Retirement of public servant - Sanction to prosecute public servant is not required for the offences under Prevention of Corruption Act, if public servant is already retired on the date of cognizance by Court - However, sanction is required for the offences under IPC..........
DELHI HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 499, 500-- Public servant - Sanction for prosecution - Act of defamation does not come within purview of official duty and therefore, sanction for prosecution u/s 197 Cr.P.C. is not required...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Validity - Prosecution sanction issued after approval of higher authorities - Note-sheet prepared by Dy. Secretary reveals that he has taken into consideration material available on record and came to conclusion that prima facie case is made out - Said consideration..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 197, 340-- Sanction for prosecution - Complaint u/s 340 Cr.P.C. - Prosecution miserably failed to show that there is reasonable connection between the act complained of and discharge of official duty by appellants - Complaint held not maintainable in view of provision of S.197 Cr.P.C. in the absence of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Illegal gratification - Sanction for prosecution - Accused discharged as sanction for prosecution was refused - A fresh challan cannot be filed after superannuation of accused from service...........
KARNATAKA HIGH COURT
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197(1)-- Sanction for prosecution - Every case against a public servant, alleging an offence punishable under the provisions of P.C. Act can be presented only on obtaining a prior sanction u/s 19 of P.C.Act - But a sanction u/s 197(1) Cr.P.C. is not required to be obtained as a matter of course to initiate..........
KARNATAKA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 197(1)-- Sanction for prosecution - Where it was no duty of a public servant to commit a criminal act, which is indeed the act complained of, want of sanction u/s 197(1) Cr.P.C. was no bar to prosecution...........
KARNATAKA HIGH COURT
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197(1)-- Sanction for prosecution - Question as to whether act complained of is done in performance of duty, is to be determined by the competent authority, and not by the Court - Legislature has conferred "absolute power" on the statutory authority to accord sanction or withhold the same and Court has no..........

Showing : 91-100 of 414 Results