Showing : 1-10 of 562 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Bank Manager of a nationalized bank - Not removable by or save with the sanction of Government - Not covered u/s 197 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - In order to attract rigor of S.197 Cr.P.C, it is necessary that offence alleged against a Government Officer must have some nexus or/and relation with discharge of his official duties as a Government Officer - In the instant case alleged offences committed while not..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197, 239-- Sanction for prosecution - Facts on record prima facie shows that sanction order was issued - Validity of sanction can be tested at the time of trial - Plea of defence also can be considered during trial - Discharge application rightly rejected...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)-- Illegal gratification - Shadow witness did not hear conversation between complainant and accused and he reacted only on seeing signal from complainant - Accused therefore, cannot be held liable for illegal gratification - More so, officer granting sanction for prosecution did not appear to testify..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Object of S.197 Cr.P.C is to protect public servants to ensure that they are not prosecuted for anything done by them in discharge of their official duties without reasonable cause - However, such protection is provided only for act done by public..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Error, omission or irregularity in grant of sanction - Courts not to quash or stay proceedings under the Act merely on the ground of an error, omission or irregularity in the sanction granted by authority unless it is satisfied that such error, omission or irregularity..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Earlier order of sanction invalid - No bar for competent authority to issue a proper order of sanction for prosecution...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 13(1)(c)(d)(e), 13(2), Criminal Procedure Code, 1973, Section 300-- Offence u/ss 13(1)(c)(d)(e), 13(2) of P.C. Act - Double jeopardy - Accused discharged due to lack of proper sanction - Proper order of sanction for prosecution issued thereafter - Fresh/supplementary charge sheet filed - Principle of "double jeopardy" do not apply - Court erred in refusing to take..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - No valid sanction - Court when finds that there is no valid sanction, it should direct prosecution to do the needful done - Sufficient opportunity be given to produce valid prosecution sanction from the competent authority...........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Complaint against police personnels - Allegation of beating and hurling abuse levelled against petitioners - There is no requirement of sanction u/s 197 Cr.P.C, as act of petitioners does not come within the purview of discharge of official duty - Petition for quashing..........

Showing : 1-10 of 562 Results