Showing : 81-90 of 128 Results

DELHI HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 197-- Dishonour of cheque - Public servant - Sanction for prosecution - Cheque issued by M.D. State Transport Corporation towards payment of instalments or payment of loan - M.D. was performing only his official functions - Sanction for prosecution is mandatory before cognizance of offence u/s 138 NI..........
CALCUTTA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Expression, `official duty' - Meaning of - Held, use of the expression, `official duty' implies that the act or omission must have been done by public servant in the course of his service and that it should have been in discharge of his duty - Section does not extend its..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Offence under Indian Penal Code and Drugs and Cosmetics Act - Offences under Indian Penal Code not required any sanction - Trial to continue - After parties lead their evidence, trial Court to decide whether or not any offences are made out under Drugs..........
MADHYA PRADESH HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Conditions to be satisfied - Held, before invoking S.197 of Cr.P.C. two conditions must be satisfied - (i) The public servant is removable from the Office either by the Union of India or by the State Government and not by any lesser authority; and (ii) He is accused of..........
PATNA HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Petitioners/Junior Engineers in Electricity Dept., alleged to have committed offences u/ss 447, 323, 504 and 379, IPC - Petitioners allegedly took away generator sets during raid conducted on premises of complainant - Held, petitioners being officers of Electricity..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 376-- Rape by Police Officer - Sanction for prosecution - Allegations against accused are that he committed rape on prosecutrix as Police Officer when he was conducting investigation in a case in which husband of prosecutrix and her sister were involved regarding death of her sister's husband - Held, no..........
KARNATAKA HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 200, 190-- Complaint in writing by a public servant acting or purporting to act in the discharge of his official duties - Magistrate need not examine the complainant and the witnesses...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 197-- Rs.2 lakhs as passenger tax paid to Deputy Excise and Taxation Commissioner who misappropriated the amount - No allegation that it was bribe money - Complaint u/ss 420 & 406 IPC and S.13(1)(d) Prevention of Corruption Act - Prior sanction of competent authority not obtained - Complaint dismissed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Need when arises - Held, need for sanction arises if there is a reasonable connection with the discharge of duties - It is not the duty which requires examination so much as the act because the official act can be performed while in discharge of official..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Official duty - Act done in discharge of - Allegation against petitioner that while acting or purporting to act in discharge of official duties, he failed to properly scrutinize stamp papers to find out whether they were ante-dated to avoid stamp duty required to be paid..........

Showing : 81-90 of 128 Results