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Showing : 51-60 of 412 Results

SUPREME COURT OF INDIA

Year of Decision : 2015

Details

Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity - Sanction for prosecution when invalid, Court should discharge accused rather than recording an order of acquittal on merits...........

SUPREME COURT OF INDIA

Year of Decision : 2015

Details

Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity of sanction can be challenged at any stage of proceedings - In case sanction is found to be invalid, Court can discharge accused relegating parties to a stage where competent authority may grant a fresh sanction for prosecution in accordance with law - If trial..........

SUPREME COURT OF INDIA

Year of Decision : 2015

Details

Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 465 -- Sanction for prosecution - Validity - Challenge to validity of order of sanction or validity of proceedings cannot be interfered by appellate or revision Court simply because there was some omission, error or irregularity in the order sanctioning prosecution, unless it finds that failure of..........

SUPREME COURT OF INDIA

Year of Decision : 2015

Details

Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity - Power to grant sanction with Department of Law and Justice is conferred by notification dated 3.2.1988 - Circular dated 28.2.1998 does not confer any new power and it only clarifies that Department of Law and Justice is a competent authority not only in..........

RAJASTHAN HIGH COURT

Year of Decision : 2015

Details

Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Quashing of sanction - Charge-sheet filed without order of prosecution sanction - However, subsequently sanction was granted and the same was produced before Court - Thereafter, not only cognizance has been taken but charges are also ordered to be framed - No infirmity..........

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..........
    Showing : 51-60 of 412 Results