Showing : 81-90 of 396 Results

DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Previous sanction is required for prosecuting only such public servant, who can be removed by sanction of Government - Sanction u/s 197 Cr.P.C. is required to the offences committed in course of discharge of official duty...........
DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - When a public servant has allegedly committed offence of cheating, criminal breach of trust, misappropriation/embezzlement, such offences cannot be said to be committed by public servant while acting or purported to act in discharge of official duty,..........
DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 167-- Sanction for prosecution - Offence u/s 167 IPC - False inquiry report knowingly prepared by public servants - Respondents are government servant, who conducted inquiry into allegations made by petitioner - Offence u/ss 166 & 167 IPC has a direct nexus with commission of criminal misconduct on part..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 304A-- Sanction for prosecution - Medical negligence - Death of patient during performance of operation - Doctors were performing their public duties, as they were performing surgery on the patient in the Government hospital - Held, prosecution against appellants is not maintainable without sanction from..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 13(Ga)-- Sanction for prosecution - Quashing of sanction - Writ petition - Maintainability - Petitioner questioning the correctness of sanctioning order has remedy of assailing the validity of such order before trial Court itself - Material forming basis of sanction order cannot be said to be suffering..........
MADHYA PRADESH HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197(1), Indian Penal Code, 1860, Section 420, 409, 120B, Prevention of Corruption Act, 1988, Section 13-- Sanction for prosecution - Offence u/ss 420, 409, 120-B IPC and S.13 of P.C.Act - Accused allegedly misappropriated public money while implementing the schemes in the course of their official duties - Acts of misappropriation as alleged against accused cannot be separated from their official..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - It is not every offence committed by a public servant which requires sanction for prosecution u/s 197 Cr.P.C. and not even every act done by him while he is actually engaged in performance of his duty...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Charges framed u/ss 466, 467, 468, 471, 474, 120, 204, 120-B, IPC - Role attributed to petitioner in commission of alleged offence was not part and parcel of his act or purported act in discharge of his official duty attached to his office of a..........
KERALA HIGH COURT
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Considerations and parameters for grant of sanction under the two provisions are different - Scope and amplitude of S.19 P.C. Act is much wider than S.197 Cr.P.C. - Non Governmental public servants covered by S.19(1)(c) of P.C. Act do not come within purview of S.197 Cr.P.C...........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Words `State Government' does not mean Governor himself but includes his delegates either under a valid law or u/arts 154(1) & 166(3) of Constitution - A Government employee removable by Governor or his delegates will come within the definition of Government servant..........

Showing : 81-90 of 396 Results