Showing : 71-80 of 589 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A, 3(1)-- Sanction for prosecution - Before granting sanction for prosecution, sanctioning authority must determine that acts done by person fell within ambit of terrorist activity and accused must be terrorist as defined in S.3(1) of TADA...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A, 3(1)-- Sanction for prosecution - Single murder was mentioned therein but no act of murder with intent to create terror and panic in minds of public, which is main ingredient of offence under TATA Act, was mentioned - Sanctioning authority did not have necessary material before him to show that alleged..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A, 3(1)-- Sanction for prosecution - Absence of intention to cause terror in minds of people or strike on them with terror - Approvals granted by Sanction authority were completely invalid lacking compliance of requirement prescribed u/S.20(A) of TADA...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 166, 167, 120B-- Sanction for prosecution - Offence u/ss 166, 167, 120-B IPC - Sanction of government not taken before taking cognizance against public servant, as mandated by S.197 Cr.P.C. - Order taking cognizance quashed...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 384, 392, 469, 511-- Sanction for prosecution - Offence u/ss 384, 392, 469, 511 IPC - Nothing on record that alleged act was committed by accused while discharging his official duty - Protection u/s 197 Cr.P.C. therefore, not available to him - Revisional Court committed error while setting aside order taking..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(e), 3(2)-- Public servant - Sanction for prosecution - Authority concerned did not mention that prima facie case is made out against accused for initiating prosecution against him - Sanction alongwith entire proceedings quashed...........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 19, 13(1)(e), 3(2), Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Offence u/ss 13(1)(e), 3(2) of P.C. Act - Sanction granted only on the basis of letter sent by Superintendent of Police (SP) to sanctioning authority for according sanction - SP has not placed entire material before competent authority - Competent authority has not..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2017
Details
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Jammu and Kashmir Prevention of Corruption Act, 2006, Section 5(1)(d), 5(2), 6, Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001, Section 17-- Sanction for prosecution - Distinction between lack of sanction and invalidity of sanction order - Prosecution is required to prove and will have to be provided opportunity to prove order of sanction as fact before trial court by leading evidence and accused automatically gets opportunity to prove..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2017
Details
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Jammu and Kashmir Prevention of Corruption Act, 2006, Section 5(1)(d), 5(2), 6, Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001, Section 17-- Sanction for prosecution - Challenge on grounds as falsely implicated and non application of mind - Objection can be raised at threshold of proceedings in court - Objection on basis of alleged invalidity of sanction order, however, can be raised during trial of case - In no case sanction order can..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 190, 197-- Sanction for prosecution - Cognizance of offence - Police officer visited house of informant for arresting sons of informant for committing non cognizable offences - Inspite of due warnings by police officers, informant did not open the door - Police officers entered house of informant by applying..........

Showing : 71-80 of 589 Results