Showing : 41-50 of 177 Results

KERALA HIGH COURT
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Proof - Such sanction granted by authority competent to remove public servant from service must be proved by said authority during trial as prescribed under Evidence Act - Sanction marked by I.O. cannot be accepted as proper and legal sanction - In such a situation, bar..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Validity of sanction can be challenged at any stage of proceedings - In case sanction is found to be invalid, Court can discharge accused relegating parties to a stage where competent authority may grant a fresh sanction for prosecution in accordance with law - If trial..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Validity - Power to grant sanction with Department of Law and Justice is conferred by notification dated 3.2.1988 - Circular dated 28.2.1998 does not confer any new power and it only clarifies that Department of Law and Justice is a competent authority not only in..........
KERALA HIGH COURT
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Sanctioning authority himself would have to be examined to prove the sanction in a case where independent application of mind in the process of granting sanction itself is in issue...........
KERALA HIGH COURT
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 19, Evidence Act, 1872, Section 74(1)(iii)-- Sanction for prosecution - Public document - For a prosecution sanction u/s 19 of Act to claim sanctity as a public document u/s 74(1)(iii) of Evidence Act, it must be something done or made by authority in the discharge of his normal official functions as Government servant - If document is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - It is not permissible for sanctioning authority to review or reconsider the matter on same materials again - Only where fresh material is collected by Investigating agency subsequent to earlier order declining sanction then that matter is open for reconsideration...........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 295A-- Sanction for prosecution - Offence u/s 295A IPC - Sanction u/s 196 Cr.P.C. is mandatory and no Court has authority to take cognizance except with previous sanction of State Government - Order taking cognizance of offence u/s 295A IPC, without obtaining prior sanction improper and quashed...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Validity - Sanction order granted by competent authority i.e Finance Minister - After one month a corrigendum issued to effect certain corrections in the said sanction order which were only typographical errors, without obtaining approval of Finance Minister - Second..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Validity - Competent authority after taking into consideration evidence collected during investigation and entire material placed before it was prima facie satisfied that it is a fit case in which prosecution sanction is to be granted - No detailed enquiry expected at..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Grant of sanction is an administrative function - Petitioner is not required to be heard by sanctioning authority before sanction is granted - Sanctioning authority is obliged to consider evidence and material made available by investigating agency - Representations and..........

Showing : 41-50 of 177 Results