Showing : 71-80 of 177 Results

BOMBAY HIGH COURT
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 19, Constitution of India, 1950, Article 226-- Illegal gratification - Sanction for prosecution - Interference in writ jurisdiction - Held, once Sanctioning Authority is competent to remove public servant and it fully and carefully examined material placed before it and granted sanction, writ Court cannot sit in judgment over conclusions of..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 19-- Illegal gratification - Sanction for prosecution - Held, Sanctioning Authority is not required to weigh materials produced to see whether they would withstand a scrutiny by Court of competent jurisdiction - Sanctioning Authority is not concerned with sufficiency or adequacy of evidence against..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 13(1)(a), 13(2)-- Sanction for prosecution - Offence u/ss 13(1)(a), 13(2) IPC - Retirement of accused - Where competent authority refused to grant sanction for prosecution to accused while he was in service, accused cannot be prosecuted later after retirement, notwithstanding the fact that no sanction for..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
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...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
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...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
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...........
GUJARAT HIGH COURT
Year of decision: 2013
Details
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..........
KERALA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Direction by Court to grant - Validity - Application for sanction of prosecution rejected - Single Judge opines that there is mechanical disposal of application and sanction for prosecution has to be granted - Held, there can only be a direction to reconsider said..........
KARNATAKA HIGH COURT
Year of decision: 2013
Details
Prevention of Food Adulteration Rules, 1955, Section 13(1)(e), 13(2), 19- - Private complaint - Sanction for prosecution as required u/s 19 of Act is a condition precedent to entertain private complaint alleging offences under P.C. Act - Special Judge referred complaint to police without considering whether private complaint against member of Legislative Assembly which..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Prevention of Corruption Act, 1988, Section 19, 7, 13(1)(d), 13(2)-- Offence u/ss 7, 13(1)(d), 13(2) Prevention of Corruption Act - Sanction for prosecution - Sanction granted just by signing a draft for sanction - Sanction vitiated for non application of mind - However, competent authority can consider the matter afresh...........

Showing : 71-80 of 177 Results