Showing : 121-130 of 397 Results

SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Previous sanction is required for prosecuting only such public servants who could be removed by sanction of the Government...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Accused alleged to have committed offences of house trespass, voluntarily causing hurt, theft in dwelling house and criminal intimidation - Held, acts do not relate to discharge of official duties and, hence, no sanction is required...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Grant of - Procedure for - Held, prosecution must send entire relevant record to sanctioning authority including FIR, disclosure statements, statements of witnesses, recovery memos, draft charge-sheet and all other relevant material - Record so sent should also contain..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Grant of - Exercise of power - Held, power to grant sanction is to be exercised strictly keeping in mind public interest and protection available to accused against whom sanction is sought - Order of sanction should make it evident that authority had been aware of all..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Held, competent authority cannot delegate its power to some other officer or authority - Also sanction cannot be granted on basis of report given by some other officer or authority...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197, Delhi Special Police Establishment Act, 1946, Section 6-- Sanction for prosecution - Validity - Held, CBI Manual based on provisions of Cr.P.C. is best authority to decide validity of sanction order...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Validity of sanctioning order can be challenged only at time of trial - It cannot be examined during stage of inquiry or at pre-trial stage...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197-- Prosecution against public servants - Following ingredients must be satisfied - (a) Person concerned is or was judge or magistrate or public servant; (b) Such Person is not removable from his office save by sanction of Government; (c) Such person is accused of commission of an offence; and (d)..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197-- Official Duty - Interpretation of - It denotes a duty that arises by reason of an office or position of trust or authority held by person...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197-- Prosecution of public servants - Protection under - Held, test of direct and reasonable connection between official duty of accused and acts allegedly committed by them is, therefore, true test to be applied while deciding whether protection u/s 197 CrPC is available or not...........

Showing : 121-130 of 397 Results