Showing : 91-100 of 174 Results

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...........
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...........
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 ...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 218, 467-- Sanction for prosecution - Petitioner, SHO of police station charged for offences u/s 218 and 467 Indian Penal Code for making false and forged entry in Roznamcha - Competent authority refused to grant sanction and challan filed for offences u/ss 218 and 467 without sanction - Subsequently fresh..........
MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 19-- Illegal gratification - Sanction for prosecution - Competent Authority faulted himself in point of law by taking into account irrelevant and extraneous considerations - Reasons assigned for refusal of sanction not legally relevant - Held, exercise of discretionary power to grant or refuse sanction..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Recovery of bribe money in a trap - At the time of granting prosecution sanction the competent authority is required to take into consideration the facts and evidence on record - He has no power to adjudicate the material as if he is adjudicator - Recovery of bribe money..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Prevention of Corruption Act, 1988, Section 19-- Illegal gratification - Sanction for prosecution - Granted by well reasoned and speaking order - Sanctioning authority adverted to all the necessary facts which are actually proved by the prosecution in the trial - Sanction order also stating that the other materials such as copy of FIR as well as..........

Showing : 91-100 of 174 Results