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Showing : 51-60 of 407 Results

KERALA HIGH COURT

Year of Decision : 2015

Details

Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanctioning authority himself would have to be examined to prove the sanction in a case where independent application of mind in the process of granting sanction itself is in issue...........

KERALA HIGH COURT

Year of Decision : 2015

Details

Prevention of Corruption Act, 1988, Section 19, Evidence Act, 1872, Section 74(1)(iii) -- Sanction for prosecution - Public document - For a prosecution sanction u/s 19 of Act to claim sanctity as a public document u/s 74(1)(iii) of Evidence Act, it must be something done or made by authority in the discharge of his normal official functions as Government servant - If document is..........

RAJASTHAN HIGH COURT

Year of Decision : 2015

Details

Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - It is not every offence committed by a public servant which requires sanction for prosecution u/s 197 Cr.P.C. and not even every act done by him while he is actually engaged in performance of his duty...........

RAJASTHAN HIGH COURT

Year of Decision : 2015

Details

Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Charges framed u/ss 466, 467, 468, 471, 474, 120, 204, 120-B, IPC - Role attributed to petitioner in commission of alleged offence was not part and parcel of his act or purported act in discharge of his official duty attached to his office of a..........

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...........
    Showing : 51-60 of 407 Results