Showing : 21-30 of 138 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Principles governing - (i) Protection of sanction is an assurance to an honest and sincere officer to perform his duty honestly and to the best of his ability - However, authority cannot be camouflaged to commit crime; (ii) Once act or omission has been found to have..........
ORISSA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Protection u/s 197 Cr.P.C is available only where the alleged act done by public servant is reasonably connected with discharge of his official duty and not merely a cloak for doing the objectionable act...........
DELHI HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - When a public servant has allegedly committed offence of cheating, criminal breach of trust, misappropriation/embezzlement, such offences cannot be said to be committed by public servant while acting or purported to act in discharge of official duty,..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 321-- Illegal gratification - Withdrawal of prosecution - If a public servant is caught red-handed demanding and accepting bribe, prosecution against such officer cannot be dropped on the ground that such officer has retired from services and he took the money recovered from him as a hand loan, as it..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - It is not every offence committed by a public servant which requires sanction for prosecution u/s 197 Cr.P.C. and not even every act done by him while he is actually engaged in performance of his duty...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Charges framed u/ss 466, 467, 468, 471, 474, 120, 204, 120-B, IPC - Role attributed to petitioner in commission of alleged offence was not part and parcel of his act or purported act in discharge of his official duty attached to his office of a..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Act in discharge of official duty of public servant - Irrespective of whether the applicant was on official duty, act of putting his pistol to the head of complainant and threatening him with dire consequences of eliminating him and his son in an encounter under the..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Act must fall within the scope and range of official duty of the public servant - If omission or neglect on part of public servant to commit the act complained of could have made the public servant answerable for a charge of dereliction of his official duty, it cannot be..........
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...........

Showing : 21-30 of 138 Results