Showing : 161-170 of 582 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Time limit - No time limit is fixed for grant of sanction - Parliament should consider the constitutional imperative of Article 14 enshrining the rule of law wherein "due process of law" has been read into by introducing a time-limit in S.19 of the Act for its working in..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 156(3)-- Sanction for prosecution - In the absence of prior sanction, Magistrate is not empowered to forward a private complaint to police for investigation u/s 156(3) Cr.P.C. against public servant when allegations are in relation to offences alleged to have been committed by them during course of..........
KARNATAKA HIGH COURT
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197(1)-- Sanction for prosecution - Every case against a public servant, alleging an offence punishable under the provisions of P.C. Act can be presented only on obtaining a prior sanction u/s 19 of P.C.Act - But a sanction u/s 197(1) Cr.P.C. is not required to be obtained as a matter of course to initiate..........
KARNATAKA HIGH COURT
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - No sanction is required for prosecution of offences punishable under the provisions of the PC Act, in respect of the allegations pertaining to misuse of an earlier office held by the particular respondents...........
KARNATAKA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 197(1)-- Sanction for prosecution - Where it was no duty of a public servant to commit a criminal act, which is indeed the act complained of, want of sanction u/s 197(1) Cr.P.C. was no bar to prosecution...........
KARNATAKA HIGH COURT
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197(1)-- Sanction for prosecution - Question as to whether act complained of is done in performance of duty, is to be determined by the competent authority, and not by the Court - Legislature has conferred "absolute power" on the statutory authority to accord sanction or withhold the same and Court has no..........
KARNATAKA HIGH COURT
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - MP's and MLAs - If a Govt. servant otherwise than a people's representative serves different departments at different times and ultimately at the time of taking cognizance, if he was not holding public office, then `order of sanction' to prosecute is not necessary -..........
KARNATAKA HIGH COURT
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - MPs and MLAs - Public servant - MPs and MLAs are public servant for the purpose of Act...........
KARNATAKA HIGH COURT
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Requirement - When there is an authority competent to remove a public servant, in that event prior to filing of a private compliant or charge sheet by police to Court, it is an absolute legal requirement that complaint or charge sheet, as the case may be should be..........
KARNATAKA HIGH COURT
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Error, omission or irregularity - Sentence or order not to be reversed merely for this reason unless in the opinion of Court, a failure of justice has in fact been occasioned thereby...........

Showing : 161-170 of 582 Results