Prevention of Corruption Act, 1988, Section 19(1)(c), 13(1)(d), 13(2) -- Sanction for prosecution - Offence u/ss 13(1)(a), 13(2) of P.C Act - There is no provision in the Act under which competent authority can withdraw sanction once granted u/s 19(1)(c) of the Act...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 319 -- Additional accused - Public servant - Cannot be summoned in absence of sanction for prosecution...........
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..........
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..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Sanction for prosecution - There is no requirement in law to mention provisions of Act for which prosecution for sanction is granted - Same can be inferred from recital in order or from accompanying documents - It is well settled that a valid sanction order must either contain all the..........
Prevention of Corruption Act, 1988, Section 19 -- Illegal gratification - Sanction for prosecution - Word `Draft' not deleted from the sanction order - Draft is thus approved by sanctioning authority without applying mind - Shows bureaucratic approach of the sanctioning authority - Order of sanction quashed...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Merely because a draft sanction order was received from CBI it will not vitiate the otherwise valid sanction granted after due application of mind...........
Criminal Procedure Code, 1973, Section 197, 482 -- Public servant - Sanction for prosecution - Accused was discharging his official duties - Absence of prior sanction from the competent authority before taking cognizance of offence - Cognizance and proceedings of complaint quashed...........
Transplantation of Human Organs Act, 1944, Section 22 -- Sanction for prosecution - Filing of complaint - Sanction of State Govt. to file a complaint is in name of complainant who has never sought permission for sanction to prosecute under the Act - It was Medical Director of Hospital who had sought permission - Held, permission having been granted to a person who has not..........
Prevention of Corruption Act, 1988, Section 19 -- Illegal gratification - Sanction for prosecution - An officer of U.P. Govt. serving on deputation with Uttarakhand Government - It is U.P. Govt. who can accord sanction for prosecution and not the Govt. of Uttarakhand as power to remove the accused from service is with Govt. of Uttar Pradesh...........
