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Showing : 51-60 of 403 Results

PUNJAB AND HARAYANA HIGH COURT

Year of Decision : 2015

Details

Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Requirement - Accused being a public servant while holding a temporary post demanded and accepted Rs.1 lakh as bribe - Accused thereafter sent back to his original post - Sanction for prosecution is necessary though accused was no more holding the post where he accepted..........

PUNJAB AND HARAYANA HIGH COURT

Year of Decision : 2015

Details

Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - It is not permissible for sanctioning authority to review or reconsider the matter on same materials again - Only where fresh material is collected by Investigating agency subsequent to earlier order declining sanction then that matter is open for reconsideration...........

KERALA HIGH COURT

Year of Decision : 2015

Details

Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Words `State Government' does not mean Governor himself but includes his delegates either under a valid law or u/arts 154(1) & 166(3) of Constitution - A Government employee removable by Governor or his delegates will come within the definition of Government servant..........

KERALA HIGH COURT

Year of Decision : 2015

Details

Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Non-obtaining sanction u/s 197 Cr.P.C. and defective obtaining of sanction u/s 19 of P.C. Act are serious legal flaws in prosecution case and each one is sufficient to vitiate the trial...........

KERALA HIGH COURT

Year of Decision : 2015

Details

Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/ss 409, 465, 471, 477A IPC - If prosecution is legally precluded from proceeding with trial of accused in respect of alleged offences under IPC and evidence collected for proving said offences are so intrinsically connected with allegations under the P.C.Act..........

KARNATAKA HIGH COURT

Year of Decision : 2015

Details

Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Review of order refusing to accord sanction - Sanction to prosecute a public servant, on review, can be granted only when fresh materials are collected by Investigating Agency, subsequent to the earlier order...........

ALLAHABAD HIGH COURT

Year of Decision : 2015

Details

Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Act must fall within the scope and range of official duty of the public servant - If omission or neglect on part of public servant to commit the act complained of could have made the public servant answerable for a charge of dereliction of his official duty, it cannot be..........

ALLAHABAD HIGH COURT

Year of Decision : 2015

Details

Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Act in discharge of official duty of public servant - Irrespective of whether the applicant was on official duty, act of putting his pistol to the head of complainant and threatening him with dire consequences of eliminating him and his son in an encounter under the..........

SUPREME COURT OF INDIA

Year of Decision : 2015

Details

Criminal Procedure Code, 1973, Section 199(4)(b) -- Defamation - Sanction for prosecution - It is not necessary for State Government to separately issue sanction order against each one of accused when they all are responsible for telecasting and publishing news item in the electronic and print media and also when names of said electronic and print..........

SUPREME COURT OF INDIA

Year of Decision : 2015

Details

Criminal Procedure Code, 1973, Section 199(4)(b) -- Defamation - Sanction for prosecution - Accused contended that while granting sanction in favour of complainant, State Government has not applied its mind - Contention rejected as said sanction was accorded after appreciating statements telecast/published by accused in electronic and print media -..........
    Showing : 51-60 of 403 Results