Showing : 81-90 of 172 Results

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 - 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)-- 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)-- 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..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 13(1)(d),13(2),7,19-- Sanction for prosecution - 'Error' - Prosecution launched under this Act cannot be jeopardized on the basis of any error in the competency of the Authority to grant sanction, unless in the opinion of the Court, a failure of justice has in fact been occasioned thereby...........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Sanction has to be given by Government or Authority, which would have been competent to remove such a public servant from his office at the time when the offence was alleged to have been committed...........

Showing : 81-90 of 172 Results