Showing : 71-80 of 128 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409, 420, 467, 468, 471-- Public servant - Sanction for prosecution - Offence u/ss 409, 420, 467, 468 & 471 IPC - Can by no stretch of imagination, by their vary nature, be regarded as having been committed by a public servant while `acting or purporting to act in discharge of official duty'...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Act done in discharge of official duty - Sanction for prosecution is mandatory - Act whether bona fide or mala fide is not consideration for obtaining sanction - Any Act done in discharge of official duty would not ipso facto invite criminal liability..........
KERALA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 321-- Withdrawal from prosecution - Duty of Public Prosecutor - Held, withdrawal is an executive function to be performed by Public Prosecutor after exercising duty cast upon him in accordance with settled principles and honestly, properly and in good faith and bearing in mind interest of public justice..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Protective cover of S.197 Cr.P.C. does not cover every act or omission done by a public servant in service but restricts its scope of operation to only those acts or omissions which are done by a public servant in discharge of his official duty...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 166, 167-- Sanction for prosecution - Prosecution of public servant under Ss.166, 167 IPC - Held, that S.197 of the Code unlike the provision of the Prevention of Corruption Act postulate obtaining of an order of sanction even in a case where public servant has ceased to hold office...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Proximity with official duties - Offences are alleged to have been committed u/ss 420, 467, 120-B IPC and S.13(1)(d) r/w S.13(2) of Prevention of Corruption Act - Held, offence of cheating u/s 420 or for that matter offences relatable to Ss.467, 468, 471 and 120-B and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Protection when available - Held, protection is available only when alleged act done by public servant is reasonably connected with discharge of his official duty and is not merely a cloak for doing objectionable act - If in doing public duty, he acted in excess of his..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - If an act, which constitutes an offence, is outcome of discharge official duty, though the power may have been exercised in excess, the provision of S.197 would stand attracted and a public servant cannot be prosecuted without obtaining prior sanction..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Official duty - Acting excess of duty - If in doing his official duty, he acted in excess of his duty, but there is a reasonable connection between the act and the performance of the official duty, the excess will not be a sufficient ground to deprive..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Act committed by public servant in the course of service but not in the discharge of his duty and without any justification - Bar u/s 197 of the Code is not attracted...........

Showing : 71-80 of 128 Results