Showing : 61-70 of 128 Results

SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - For applicability of the provision of S.197 Cr.P.C. it is not necessary that public servant must act in his official capacity - Even when a public servant purports to act in his official capacity, the same will attract the provision of S.197 Cr.P.C...........
CALCUTTA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Discharge of official duty - Committal of offence - Held, S.197 can be invoked, it must be shown that official concerned was accused of an offence alleged to have been committed by him while acting or purporting to act in discharge of his official duties - It is not duty..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Official duty - Meaning of - Held, use of expression, `official duty' implies that act or omission must have been done by public servant in course of his service and that it should have been in discharge of his duty - Section does not extend its protective cover to every..........
CHHATTISGARH HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Two conditions are sine-qua-non (1) that the public servant is only removable from the office by the State Govt. or with the sanction of the State Govt. and (2) that he has committed the alleged act in discharging or purporting to discharge of his..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Sanction is required if accused is a public servant who cannot be removed from his office except by or with the sanction of the Government and offence alleged committed by such officer must have been committed while acting or purporting to act in the..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Objection that sanction for prosecution is required can be raised at any time after cognizance is taken and can even be raised at the time of conclusion of trial or after conviction - The claim of the accused that the act alleged was done reasonably and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 500, 506-- Public servant - Sanction for prosecution - Act of defaming by abusing and trying to manhandle - Not falling within the ambit of discharge of official duties - Sanction for prosecution not required...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Act not part of official duties - Sanction for prosecution not required...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200, Indian Penal Code, 1860, Section 21-- Harmonious consideration to be given to S.142 NI Act and S.200 Cr.P.C. - Dishonour of cheque issued in favour of Govt. Company - Complaint filed by company through public servant - Held, that in such cases company becomes a defacto complainant and its employee or other representative, representing..........
DELHI HIGH COURT
Year of decision: 2008
Details
Prevention of Corruption Act, 1988, Section 19, 7, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 120B-- Illegal gratification - Offence u/ss 7, 13(1)(d), 13(2) and S.120-B IPC - Sanction for prosecution granted u/s 19 of Corruption Act - Sanction u/s 197 Cr.P.C. for prosecution of offence u/s 120-B IPC is not required since it is no part of the duty of a public servant while discharging his official..........

Showing : 61-70 of 128 Results