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Showing : 51-60 of 340 Results

RAJASTHAN HIGH COURT

Year of Decision : 2014

Details

Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Ambit of S.197 Cr.P.C. is wider as compared to S.19 of Prevention of Corruption Act - Whilst the requirement of prior sanction ceases in cases under P.C. Act after the public servant has retired but requirement of sanction u/s 197 CrPC continues even after retirement of..........

SUPREME COURT OF INDIA

Year of Decision : 2013

Details

Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Previous sanction is required for prosecuting only such public servants who could be removed by sanction of the Government...........

ANDHRA PRADESH HIGH COURT

Year of Decision : 2013

Details

Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Accused alleged to have committed offences of house trespass, voluntarily causing hurt, theft in dwelling house and criminal intimidation - Held, acts do not relate to discharge of official duties and, hence, no sanction is required...........

BOMBAY HIGH COURT

Year of Decision : 2013

Details

Prevention of Corruption Act, 1988, Section 19 -- Illegal gratification - Sanction for prosecution - Held, Sanctioning Authority does not exercise any quasi judicial power at stage of grant of sanction nor does it perform any quasi judicial function - Sanctioning Authority is not obliged to grant any personal hearing to public servant before..........

BOMBAY HIGH COURT

Year of Decision : 2013

Details

Prevention of Corruption Act, 1988, Section 19, Constitution of India, 1950, Article 226 -- Illegal gratification - Sanction for prosecution - Interference in writ jurisdiction - Held, once Sanctioning Authority is competent to remove public servant and it fully and carefully examined material placed before it and granted sanction, writ Court cannot sit in judgment over conclusions of..........

BOMBAY HIGH COURT

Year of Decision : 2013

Details

Prevention of Corruption Act, 1988, Section 19 -- Illegal gratification - Sanction for prosecution - Held, Sanctioning Authority is not required to weigh materials produced to see whether they would withstand a scrutiny by Court of competent jurisdiction - Sanctioning Authority is not concerned with sufficiency or adequacy of evidence against..........

SUPREME COURT OF INDIA

Year of Decision : 2013

Details

Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 156(3) -- Sanction for prosecution u/s 19 of Prevention of Corruption Act - Once it is noticed that there was no previous sanction, Magistrate cannot order investigation against a public servant while invoking powers u/s 156(3) Cr.P.C...........

SUPREME COURT OF INDIA

Year of Decision : 2013

Details

Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Public servant - Offence u/ss 409, 406, 467, 468, 120-B IPC and Ss.13(1)(d), r/w S.13(2) of Prevention of Corruption Act - Sanction of prosecution - When charge sheet was submitted accused was not holding Public Office which he abused - Sanction for prosecution to prosecute the accused not..........

SUPREME COURT OF INDIA

Year of Decision : 2013

Details

Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Public servant - Offence u/ss 409, 406, 467, 468, 120-B IPC and Ss.13(1)(d), r/w S.13(2) of Prevention of Corruption Act - Sanction of prosecution - A Public Servant holding two posts i.e. one under Govt. and the other on deputation with a Corporation - Public servant misusing the office held by..........

ALLAHABAD HIGH COURT

Year of Decision : 2013

Details

Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Distinction between the two provisions - In the case related to S.197 Cr.P.C. substratum of basic feature of the case has to be considered to find out whether the alleged Act has nexus with the discharge of official duty - The position is not so in S.19..........
    Showing : 51-60 of 340 Results