Showing : 2121-2130 of 3483 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 3, 4, 12, General Clauses Act, 1897, Section 8(1)-- Probation of Offenders Act and S.360 Cr.P.C. have significant differences - Both cannot be intended to co-exist at the same time in the same area - Where provisions of Probation of Offenders Act are brought into force, the provisions of S.360 Cr.P.C. are wholly inapplicable...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 326-- Offence u/s 326 IPC - Offence is punishable with imprisonment for life - Provision of S.360 Cr.P.C. is not applicable...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 374-- Appeal whether allowed or dismissed not made clear as same disposed of with observations - Subsequently, without considering various points and analysing evidence, clarified that appeal was dismissed - Procedure adopted not appropriate - Matter remanded...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 190-- Material on record showing that order passed by Magistrate was in consideration of police report and not relatable to protest petition - Held, view of High Court does not suffer from any infirmity and no interference is called for...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Act committed by public servant in the course of service but not in the discharge of his duty and without any justification - Bar u/s 197 of the Code is not attracted...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 406, 409, 120B-- Public servant - Sanction for prosecution - Offence u/ss 406, 409, 120-B - Sanction for prosecution not required - It is no part of duty of public servant to enter into a criminal conspiracy for committing breach of trust...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Retirement - Offence committed in discharge of official duty - Held, sanction for his prosecution is required even after his retirement...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Official duty - Acting excess of duty - If in doing his official duty, he acted in excess of his duty, but there is a reasonable connection between the act and the performance of the official duty, the excess will not be a sufficient ground to deprive..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Protection given u/s 197 Cr.P.C. is to protect responsible public servants against the institution of possibly vexatious criminal proceedings for offences alleged to have been committed by them while they are acting or adequate protection to public..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Cognizance of any offence by any Court is barred unless sanction is obtained from the appropriate authority, if the offence alleged to have been committed, was in discharge of official duty - It is mandatory protection...........

Showing : 2121-2130 of 3483 Results