Showing : 21-30 of 128 Results

RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197(1)-- Sanction for prosecution - Two requirements to be fulfilled are : (i) it should be a case of public servant not removable from his service save by or with the sanction of government; (ii) offence alleged to have been committed by him was while acting or purporting to act in discharge of official..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B-- Public servant - Delegation of power - If delegatee does not act in terms of the delegated powers then delegator cannot be held to be guilty of the offence u/ss 13(1)(d), 13(2) Prevention of Corruption Act and S.120-B IPC...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 19, Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 197-- Offence u/ss 13(1)(d), 13(2) Prevention of Corruption Act and S.120-B IPC - Public servant - Sanction for prosecution - State government and central government refused to grant sanction against delegator and the Special Judge rightly declined to take cognizance of offences punishable u/ss 13(1)(d)..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Retirement of public servant - Sanction to prosecute public servant is not required for the offences under Prevention of Corruption Act, if public servant is already retired on the date of cognizance by Court - However, sanction is required for the offences under IPC..........
DELHI HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 499, 500-- Public servant - Sanction for prosecution - Act of defamation does not come within purview of official duty and therefore, sanction for prosecution u/s 197 Cr.P.C. is not required...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 406, 409, 420, 120B-- Prosecution of a public servant under Prevention of Corruption Act and offences under IPC - Exoneration in departmental proceedings on same charges - Does not ipso facto lead to acquittal of accused in the criminal trial...........
KARNATAKA HIGH COURT
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197(1)-- Sanction for prosecution - Every case against a public servant, alleging an offence punishable under the provisions of P.C. Act can be presented only on obtaining a prior sanction u/s 19 of P.C.Act - But a sanction u/s 197(1) Cr.P.C. is not required to be obtained as a matter of course to initiate..........
KARNATAKA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 197(1)-- Sanction for prosecution - Where it was no duty of a public servant to commit a criminal act, which is indeed the act complained of, want of sanction u/s 197(1) Cr.P.C. was no bar to prosecution...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - While discharging official duties, if a public servant enters into a criminal conspiracy or indulges in criminal misconduct, such misdemeanor on his part is not to be treated as an act in discharge of his official duties and therefore provisions of S.197 Cr.P.C. will not..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 4(3), 13(2), 13(1), Indian Penal Code, 1860, Section 120B, 420-- Case registered against sole public servant and no, public servants u/ss 120-B, 420 IPC r/w S.13(2) & 13(1) of PC Act - Death of sole public servant before framing of charges - No PC offence committed by any of no, public servants - Held, Special Judge had no occasion to try any case against any..........

Showing : 21-30 of 128 Results