Showing : 1-10 of 564 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19-- Quashing of FIR - Lack of sanction for prosecution - Question whether sanction is necessary to prosecute a retired public servant, is a question which can be examined during course of trial...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Protection u/s 197 Cr.P.C. is available to public servant when an offence is said to have been committed `while acting or purporting to act in discharge of their official duty' and not when acts are performed using office as a mere cloak for unlawful..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - There has to be coherent nexus between the act complained and the duty of the public servant - Only those acts or omissions done by a public servant in discharge of its official duty having direct nexus with his official duty are protected which acts are done bona fidely..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 333, 335-- Nature of offence - Allegation that PW2 being conductor of bus issued a ticket to wife of accused by writing words `I Love You' on its overleaf - Accused caught hold of neck collar of PW2 and assaulted him on his face, kicked him on chest etc. - PW2 though is a public servant, but act of PW2..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Question of sanction u/s 197 Cr.P.C with regard to appellant Nos. 3 and 4 treating them to be `public servant' simply does not arise, as they ceased to be government employees after their absorption in Corporation, prior to complaint - As regarding..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Employees of public sector corporations are not entitled to protection u/s 197 Cr.P.C as `public servant'...........
PATNA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 195(1)(a), 173, Indian Penal Code, 1860, Section 188-- Cognizance of offence on basis of police report - Offence u/s 188 IPC - No complaint ever filed in Court by Public servant concerned - FIR u/s 188 IPC itself was impermissible and cognizance of offence on basis of a police report was barred - Summoning of petitioner after taking cognizance of..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 176, 34-- Non-reporting of offence of rape to public servant - Offence of rape which is alleged to have been committed in the case, has not been incorporated in S.39 Cr.P.C - Ingredients of offence u/s 176 IPC thus, not attracted - Moreover, no material on record that petitioner intentionally omitted to..........
KERALA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 188-- Offence u/s 188 IPC - S.188 IPC does contemplate an order passed by a civil Court in a suit - Word "promulgated" in S.188 IPC does not refer to an order passed by a public servant during course of proceedings between two parties in a suit - S.188 IPC applies to orders made by public functionaries..........
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..........

Showing : 1-10 of 564 Results