Showing : 121-130 of 385 Results

SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197-- Prosecution of public servant - Held, public functionaries cannot under the cloak of purported discharge of official duties resort to harassment and humiliation of citizens on the pretext of complaint received by them, especially when the same does not disclose commission of any offence triable by..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 53, 54, 107, 197, Indian Penal Code, 1860, Section 500, 354, 498-- Adultery - Bald allegation that appellant is living in illicit relationship - Held, in such situation, there is no scope for the respondent to invoke S.107 CrPC and contend that he acted by virtue of authority vested in him...........
ORISSA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Offence alleged to have been committed must have something to do or must be related in some manner with discharge of official duty - In the instant case, act of petitioner does not come within the sweep of due discharge of official duty rather it amounts to..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Public servant - Offence u/ss 409, 406, 467, 468, 120-B IPC and Ss.13(1)(d), r/w S.13(2) of Prevention of Corruption Act - Sanction of prosecution - When charge sheet was submitted accused was not holding Public Office which he abused - Sanction for prosecution to prosecute the accused not..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Public servant - Offence u/ss 409, 406, 467, 468, 120-B IPC and Ss.13(1)(d), r/w S.13(2) of Prevention of Corruption Act - Sanction of prosecution - A Public Servant holding two posts i.e. one under Govt. and the other on deputation with a Corporation - Public servant misusing the office held by..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 13(1)(a), 13(2)-- Sanction for prosecution - Offence u/ss 13(1)(a), 13(2) IPC - Retirement of accused - Where competent authority refused to grant sanction for prosecution to accused while he was in service, accused cannot be prosecuted later after retirement, notwithstanding the fact that no sanction for..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Distinction between the two provisions - In the case related to S.197 Cr.P.C. substratum of basic feature of the case has to be considered to find out whether the alleged Act has nexus with the discharge of official duty - The position is not so in S.19..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 13(1)(d)(2), 19, Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Offence u/ss. 13(1)(d)(2) of P.C.Act and Ss. 409, 467, 468, 471 & 120-B IPC - Opportunity of hearing can neither be claimed nor required to be given before granting sanction for prosecution to public servant as it is not a quasi judicial function but an administrative..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197-- Prosecution of public servant - Complaint u/ss. 149, 323, 354 & 504 IPC and S.3(1)(x) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act - Allegation against petitioner & others that they verbally abused complainant and his wife and that they had called them names with regard to..........
GUJARAT HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197, 482-- Quashing of FIR - FIR was lodged on 26.09.1991 in connection with incident alleged to have taken place in 1988 - After lodging of FIR more than 22 years have lapsed - It is not in dispute that petitioner at relevant time was a public servant - Prima facie, act complained of is an act committed by..........

Showing : 121-130 of 385 Results