Showing : 171-180 of 181 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2001
Details
Insecticides Act, 1968, Section 3(k)(i), 17, 18, 29, 33, Insecticides Rules, 1971, Rule 27(5)-- Insecticide - Sample found to be misbranded - Sanction for prosecution - Issued without application of mind - Sanction made no reference as to when the sample had been taken and how the same had been found to be misbranded - Complaint quashed, but liberty given to authority to issue fresh sanction..........
DELHI HIGH COURT
Year of decision: 2001
Details
Prevention of Corruption Act, 1947, Section 6, 5(1)(d), 5(2), Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Valid sanction is a condition precedent - Court is required to see whether or not the sanctioning authority while granting the sanction was aware of the facts constituting the offence and had applied its mind - If sanction granted is based on incorrect facts it would be..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Prosecution - Sanction for prosecution - Condition precedent - Court is prohibited from taking cognizance of offence except with previous sanction of competent authority - Accused need not wait for taking plea of non-maintainability of prosecution proceedings till charges are..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Prosecution - Previous sanction - Appellant duty Magistrate deputed to clear encroachment - In course of discharge of duty to control mob he ordered opening of firing resulting in death of one person and injuring two others - Order of opening fire was in exercise of power..........
SUPREME COURT OF INDIA
Year of decision: 1997
Details
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 12(2), 20A(2), Criminal Procedure Code, 1973, Section 465-- Sanction - Irregular - An error or irregularity in a sanction may vitiate prosecution only if such error or irregularity has occasioned failure of justice - Held, on facts, that sanctioning authority intended to launch prosecution for offence of illegal possession of arms is clear from statements..........
SUPREME COURT OF INDIA
Year of decision: 1997
Details
Prevention of Corruption Act, 1947, Section 6, Indian Penal Code, 1860, Section 161-- Illegal gratification - Sanction for prosecution - Central or State Government or the other authority has right to consider question of grant of sanction - It has also discretion to grant or not to grant sanction - Provisions in regard to sanction should be observed with complete strictness -..........
SUPREME COURT OF INDIA
Year of decision: 1997
Details
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 5, 19, 20A(2)-- Appeal, against conviction - Sanction - held that sanction relied on by the prosecution in the case was not accorded by the Director General of Police in the manner required by law and not the result of a serious consideration and reflects scanty application of the mind of the sanctioning..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1997
Details
Criminal Procedure Code, 1973, Section 401-- Revision - Discharge of the accused under section 7 read with Section 13 of the Prevention of Corruption Act, 1988 holding that no proper sanction to take cognizance has been granted - Sanction to prosecute - No special form is prescribed for the grant of the sanction. If the competent authority..........
SUPREME COURT OF INDIA
Year of decision: 1996
Details
Prevention of Corruption Act, 1947, Section 6-- All relevant documents not considered by sanctioning authority while granting sanction for prosecution - Prosecution cannot be quashed - This fact can be examined only at the stage of trial...........
SUPREME COURT OF INDIA
Year of decision: 1995
Details
Prevention of Food Adulteration Act, 1954, Section 20-- Sanction for prosecution - Local Health Authority designated with power to accord sanction - Considering report of public analyst and other pertinent papers and documents including report of Food Inspector before granting sanction - Held, grant of sanction is valid in law...........

Showing : 171-180 of 181 Results