Showing : 131-140 of 169 Results

ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Prevention of Corruption Act, 1988, Section 19-- Illegal gratification - Sanction for prosecution - Granted on instructions of State Govt. - Sanctioning Authority not applying its mind - Not a valid sanction - Accused discharged...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 468-- Sanction for prosecution - In pursuance to the complaint received by petitioner against respondent-complainant on the basis of which a DO letter was addressed to higher authority, which is alleged to have been forged, petitioner merely recommended therein holding of enquiry against respondent -..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Cognizance of any offence by any Court is barred unless sanction is obtained from the appropriate authority, if the offence alleged to have been committed, was in discharge of official duty - It is mandatory protection...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Illegal gratification - Sanction for prosecution - Refusal - Review of order - Held, sanctioning authority can review its order and grant sanction if some new material comes to its notice which was not available when earlier decision was taken...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Grant of sanction is an administrative function - All that is material at that time is that the necessary facts collected during investigation constituting the offence have to be placed before the sanctioning authority and it has to consider the material..........
KERALA HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Member of All India Service employed in connection with the affairs of the State - Authority competent to grant sanction to prosecute him is State Government and not Central Government...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Sanction solely on the basis of police report - Even said report not brought on record - Authority did not examine any other material - Sanction not valid...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Prevention of Corruption Act, 1988, Section 7, 13-- Public servant - Illegal gratification - Sanction for prosecution - Non examination of sanctioning authority - Plea as to relevant records not placed before Board - Adverse conclusion that relevant records were not produced before Board cannot be drawn in absence of indicating basis for such a..........
ALLAHABAD HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Sanctioning authority must apply its mind and there must be sufficient materials for granting sanction...........
ALLAHABAD HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Writ petition for quashing the sanction - Sanctioning authority must apply its mind and there must be sufficient materials for granting sanction - In the instant case sanction for prosecution very detailed order and contents thereof show that all the..........

Showing : 131-140 of 169 Results