Showing : 31-40 of 128 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 4(3)-- PC and no, PC offences - Public servant and no, public servant both charged with PC and no, PC offences - Death of public servant during trial - Jurisdiction of Special Judge - Held, once power has been exercised by Special Judge u/s.4(3) of PC Act to proceed against no, PC offences along with PC..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 3(1)-- Offence under the Act - Held, an offence under PC Act can be committed by either a public servant or a private person or a combination of both - Existence of a public servant for facing trial before Special Court is not must and even in his absence private persons can be tried for PC as well as..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Ambit of S.197 Cr.P.C. is wider as compared to S.19 of Prevention of Corruption Act - Whilst the requirement of prior sanction ceases in cases under P.C. Act after the public servant has retired but requirement of sanction u/s 197 CrPC continues even after retirement of..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 2(c), Indian Penal Code, 1860, Section 21-- Public servant - Definition in S.21 IPC and S.2(c) of 1988 Act are different - Decisions rendered while interpreting S.21 of IPC which in substance and content are substantially different than S.2(c) have no bearing at all for decision of case for an offence under Prevention of Corruption Act...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 156(3)-- Sanction for prosecution u/s 19 of Prevention of Corruption Act - Once it is noticed that there was no previous sanction, Magistrate cannot order investigation against a public servant while invoking powers u/s 156(3) Cr.P.C...........
ORISSA HIGH COURT
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 13(1)(e), Criminal Procedure Code, 1973, Section 482-- Disproportionate assets - Quashing of proceedings - Accused, wife of top bureaucrat of State, alleged to have abetted offence - Documents on record shows that husband had invested substantially in industry - Vigilance search party when arrived at Govt. quarters of husband, accused had refused to..........
ORISSA HIGH COURT
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 13(2), (1)(e), Indian Penal Code, 1860, Section 109, Criminal Procedure Code, 1973, Section 482, Orissa Special Courts Act, 2007, Section 7- - Disproportionate assets - Quashing of proceedings - Charge-sheet submitted against accused persons u/s.13(2) and S.13(1)(e) of 1988 Act and S.109 IPC - Sanction for prosecution already obtained against accused who is public servant - Accused, wife of public servant, not herself a public servant -..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Public servant - Offence u/ss 409, 406, 467, 468, 120-B IPC and Ss.13(1)(d), r/w S.13(2) of Prevention of Corruption Act - Sanction of prosecution - When charge sheet was submitted accused was not holding Public Office which he abused - Sanction for prosecution to prosecute the accused not..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Public servant - Offence u/ss 409, 406, 467, 468, 120-B IPC and Ss.13(1)(d), r/w S.13(2) of Prevention of Corruption Act - Sanction of prosecution - A Public Servant holding two posts i.e. one under Govt. and the other on deputation with a Corporation - Public servant misusing the office held by..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Distinction between the two provisions - In the case related to S.197 Cr.P.C. substratum of basic feature of the case has to be considered to find out whether the alleged Act has nexus with the discharge of official duty - The position is not so in S.19..........

Showing : 31-40 of 128 Results