Showing : 91-100 of 181 Results

PATNA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482, 190-- Sanction for prosecution - Plea of no, application of mind by sanctioning authority - Quashing of proceedings sought - Held, at initial stage of a criminal case, that too, at the time of cognizance, this point cannot properly be examined and decided by High Court, that too, while exercising its..........
DELHI HIGH COURT
Year of decision: 2012
Details
Prevention of Corruption Act, 1988, Section 7,13(1)(d)-- Illegal gratification - r/w ,S. 13(2) and 19 - Acquitted for want of sanction by competent authority - Fresh prosecution after retirement without obtaining sanction is maintainable and not liable to be quashed...........
MADRAS HIGH COURT
Year of decision: 2012
Details
Prevention of Corruption Act, 1988, Section 19-- Assets disproportionate to the known source of income - Public servant - Sanction for prosecution - Contention that authority granted sanction without applying mind - Legality of - PW1 mentioned all particulars for according sanction - Also furnished annexures stating that what are assets acquired..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Plea of absence of sanction can be raised at the threshold whereas plea of validity and legality of sanction order can be raised in the course of trial - Invalidity of sanction can be raised on diverse grounds like non availability of material before the sanctioning..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 19-- Sanctioning for prosecution - Appointing Authority is 'State Government' to accord sanction as envisaged u/s 19 of the Act...........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 13(1)(d),13(2),7,19-- Sanction for prosecution - 'Error' - Prosecution launched under this Act cannot be jeopardized on the basis of any error in the competency of the Authority to grant sanction, unless in the opinion of the Court, a failure of justice has in fact been occasioned thereby...........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Sanction has to be given by Government or Authority, which would have been competent to remove such a public servant from his office at the time when the offence was alleged to have been committed...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - High Court Judge - President alone is sanctioning authority in consultation with Chief Justice of India - However, the final dictum to grant or refuse sanction vests with the President of India, though view of Chief Justice must carry weight...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Power to grant sanction includes power to refuse - Sanctioning authority has to arrive at the conclusion for refusal or grant of sanction by taking into consideration the material placed before it - There may be doubts in the mind of the sanctioning authority and to..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - State Government Appointing Authority and also the Authority to impose punishment on the employee is also the Authority who can remove an employee from service - Authority who is competent to remove the person concerned is competent to grant sanction for prosecution ...........

Showing : 91-100 of 181 Results