Showing : 1-10 of 520 Results

MADRAS HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Object of S.197 Cr.P.C is to protect public servants to ensure that they are not prosecuted for anything done by them in discharge of their official duties without reasonable cause - However, such protection is provided only for act done by public..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 467, 468, 471, 195, 193, 120B-- Cheating - Election matter - Quashing of FIR - Allegation made in FIR did not disclose any cognizable offence - Remedy available to complainant was to challenge election at the appropriate forum rather than filing of FIR - Wrong facts in nomination paper of election to escape disqualification..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Offence u/s 332, 353 IPC - Students demonstrated before office of Vice-Chancellor - Accused held collar of a teacher - Teacher willing to forgive student - Question whether a teacher standing in front of office of Vice-Chancellor is public servant or not, not adjudicated - FIR..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 35-- Public document - Birth certificate issued by Registrar (Births and Deaths) is an official document which is admissible in evidence u/s 35 of the Act - It is a public document prepared by a public servant in discharge of his official duty and presumption of correctness is attached to it...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 8-- Illegal gratification - Things essential for offence u/s 8 of the Act viz: (i) there must have been solicitation or receipt of gratification; (ii) such gratification must have been asked for or paid as a motive or reward for inducing a public servant to do an act or do a favour or render some..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 8-- Illegal gratification - Vague evidence on record as to for whom accused demanded money and whether person for whom accused demanded and received money is a public servant - In absence of convincing evidence to show that accused had received money from PW4 to induce a public servant to get..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 8, 12, Indian Penal Code, 1860, Section 120B-- Anticipatory bail - Illegal gratification - Petitioner per se is not a public servant and is not alleged to have received any illegal gratification - Rather, petitioner alleged to have been part of a conspiracy with conversations recorded allegedly to contend that he was negotiating payment of..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 166, 166A, 167-- Sanction for prosecution - Offence u/ss 166, 166-A, 167 IPC - Nature of offending acts of petitioner itself makes it obligatory that before seeking prosecution of public servant charged with such offences, prosecution must invariably seek sanction to prosecute such public servant before..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 195(1)(b)-- False charge of offence u/s 211 IPC levelled before a public servant - Restriction contained in S.195(1)(b) Cr.P.C. has no application whatsoever...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 191, 193, 199, Criminal Procedure Code, 1973, Section 340, 195-- Perjury - Giving false evidence - Petitioner stated in complaint that respondent being a public servant has given false evidence in different cases before various Courts and sought for initiation of criminal action for perjury against her u/ss 191, 193, 199 IPC - However to initiate proceedings..........

Showing : 1-10 of 520 Results