Showing : 51-60 of 128 Results

DELHI HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 200, Prevention of Money Laundering Act, 2003, Section 45(1)(as- - Money Laundering - Complaint - Non-recording of pre-summoning evidence - Effect - Complainant was a public servant duly competent to file complaint u/s 45(1) of the Act - Held, there was no legal requirement to record pre-summoning evidence...........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 372, 2(wa)-- Prevention of Corruption Act, 1988 - Victim - Scope of - Complainant who suffered loss on account of inaction and omission on the part of public servant will be termed as victim and would be entitled to file substantive appeal against order of acquittal in view of proviso to s 372 CrPC...........
KARNATAKA HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 19, Constitution of India, 1950, Article 226-- Corruption case against former Chief Minister - Stay of trial - Challenge to - Held, once authority competent to accord sanction accords sanction to prosecute public servant then law should take its course - Initial protection granted to public servant u/s 19(1) evaporates and thereafter it is in..........
KERALA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Tests to be applied are : (i) What was the particular official duty which was being discharged or purported to be discharged by the public servant, at the time of alleged commission of offence? (ii) What act or acts are to be done by the public servant..........
KERALA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 197, 160, 161-- Public servant - Sanction for prosecution - Police Officer committing various offences within the four walls of police station while acting or purporting to be acting in discharge of duty u/ss 160 & 161 Cr.P.C. - Such offending acts committed include (i) infliction of physical violence and mental..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Railway officials abusing and assaulting complainant on protesting illegal vending of reservation tickets - Their act not in discharge of their official duty while they are abusing, confining and assaulting a passenger who had gone to the counter to..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 192-- Ingredients to constitute offence u/s 192 IPC are : (i) Causing any circumstance to exist, or making any false entry in any book or record or making any document containing a false statement; (ii) Doing one of the above acts with the intention that it may appear in evidence in a judicial..........
DELHI HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 190(1)(a), 200-- Personal examination of complainant - When necessary? - Held, Magistrate before he takes cognizance of an offence u/s 190(1)(a) of Code, needs to personally examine complainant and witnesses and he cannot for this purpose act upon affidavit of complainant and/or witnesses, unless, complaint is..........
CALCUTTA HIGH COURT
Year of decision: 2009
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Corruption case - Public servant - Grant of sanction - Procedure to be followed - Held, what is material at the time of granting sanction to prosecute is that necessary facts collected during investigation constituting the offence has to be placed before sanctioning authority and said authority..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - There is a distinction between the two provisions - Sanction for prosecution u/s 19 of Prevention of Corruption Act is not required in respect of those who had ceased to be a public servant whereas u/s 197 Cr.P.C. sanction for prosecution is required..........

Showing : 51-60 of 128 Results