Showing : 81-90 of 174 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Prevention of Corruption Act, 1988, Section 19, 13(1), 13(2), Indian Penal Code, 1860, Section 419, 420, 465, 468, 471, 120B, Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Declined on three occasions - Subsequently sanction to prosecute granted by Director, Department of Local Govt. Punjab, who was not even the appointing authority and there was no new material with the authorities to review its earlier decision - FIR quashed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Insecticides Act, 1968, Section 3(K)(i), 17, 18, 29, 33, 31-- Company - Sanction to prosecute - Granted against company through one `C' Production Manager and `A' Area Sales Manager - Sanction is obviously for prosecution of company and not the petitioner - Since no individual sanction to prosecute the petitioner has been granted by the competent authority,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Competent Authority has to form an opinion that commission of an offence is made out - At the stage of grant or refusal of sanction, the Competent Authority is not obliged to undertake a detailed enquiry and to go into the merits of the allegations made..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Opportunity of hearing - Person for whose prosecution sanction is sought is not required to be heard by the competent authority before it takes a decision in the matter...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Prevention of Corruption Act, 1988, Section 19(1)(c)-- Sanction for prosecution - Refused - Subsequently sanctioning authority reconsidered and granted sanction to prosecute - Plea that sanctioning authority has no jurisdiction to review its earlier order - Authority exercising statutory jurisdiction should discuss the material and evidence brought..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Prevention of Corruption Act, 1988, Section 19(1)(c)-- Sanction for prosecution - Authority exercising statutory jurisdiction should discuss the material and evidence brought on record and then to record the valid grounds, for forming a definite opinion that no ground to grant sanction is made out - Such orders must be informed by reasons, fair,..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Prevention Of Corruption Act, 1988, Section 19(1)(c)-- Corruption - Sanction for prosecution - Not required for prosecution of public servant who are liable to be removed by lower/subordinate authority than the Government...........
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..........

Showing : 81-90 of 174 Results