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Showing : 51-60 of 234 Results

SUPREME COURT OF INDIA

Details

Prevention of Corruption Act, 1988, Section 19, 12, 7, 11 -- Public servant - Sanction for prosecution - Prosecution for an offence punishable u/s 12 of the Act - S.19 of the Act specifically omits S.12 from its purview - Held, sanction for prosecution for an offence punishable u/s 12 of the Act is not required...........

PUNJAB AND HARYANA HIGH COURT

Details

Prevention of Corruption Act, 1988, Section 7, 13(2) 19 -- Illegal gratification - Public servant - Sanction for prosecution - Accused working as ASI on the day of alleged occurrence - Sanction by SSP - Plea that it was to be by DIG - Accused was promoted ASI with the approval of DIG - Accused was initially recruited as constable by SSP and was promoted..........

PUNJAB AND HARYANA HIGH COURT

Details

Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Materials collected during investigation which would prima facie establish existence of evidence in regard to commission of offence by public servant concerned should be available before the sanctioning authority before the order of sanction is passed - In the instant..........

SUPREME COURT OF INDIA

Details

Prevention of Corruption Act, 1988, Section 19(3) -- Corruption - Public servant - Sanction for prosecution - Granted by Authority not competent to grant - Accused convicted - Conviction cannot be set aside if there was no failure of justice on account of error in order of sanction...........

SUPREME COURT OF INDIA

Details

Prevention of Corruption Act, 1988, Section 19 -- Corruption - Public servant - Sanction for prosecution - Officer of Reserve Bank of India sent on deputation to National Housing Bank wherein he was absorbed permanently - Sanction for prosecution granted by Chairman-cum-Managing Director of Housing Bank - Sanction is legal and valid - Regulations..........

SUPREME COURT OF INDIA

Details

Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - There is a distinction between the two provisions - Sanction for prosecution u/s 19 of Prevention of Corruption Act is not required in respect of those who had ceased to be a public servant whereas u/s 197 Cr.P.C. sanction for prosecution is required..........

SUPREME COURT OF INDIA

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...........

SUPREME COURT OF INDIA

Details

Prevention of Corruption Act, 1988, Section 19(3) -- Corruption case against Public Servant - Sanction for prosecution - Sanctioning Authority need not be examined as a witness by the prosecution...........

SUPREME COURT OF INDIA

Details

Prevention of Corruption Act, 1988, Section 19(3) -- Public Servant - Corruption case - Sanction for prosecution - Conviction cannot be set aside on the ground of `error, omission or irregularity' in passing the sanction order without recording a finding that a serious failure of justice has been caused to the accused...........

SUPREME COURT OF INDIA

Details

Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Refusal - Review - No fresh material produced - Nothing to show as to why reconsideration became necessary - - High Court holding that State has no power of review - Order upheld...........
    Showing : 51-60 of 234 Results