Showing : 81-90 of 181 Results

ALLAHABAD 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 - Granting or refusing sanction is exclusive domain of the sanctioning authority - Sanction sine qua non before taking cognizance...........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Prevention of Corruption Act, 1988, Section 19-- Illegal gratification - Sanction for prosecution - Denied on the ground that accused is soft-spoken, hard working and devoted worker - This alone not a ground for not according sanction - Even reason of false implication not mentioned - Sanctioning authority must apply its mind to the facts of the..........
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...........
PATNA HIGH COURT
Year of decision: 2012
Details
Prevention of Corruption Act, 1988, Section 19(1)(c), Police Act, 1861, Section 46, Bihar Police Manual, Rule 825-- Sanction for prosecution - Grant of - Competent authority - Held, sanction for prosecution can be granted by an authority competent to remove concerned public servant...........

Showing : 81-90 of 181 Results