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Showing : 51-60 of 393 Results

RAJASTHAN HIGH COURT

Year of Decision : 2015

Details

Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Two accused employed under different employers - Order of sanction passed against petitioner also applied on accused `A' - Held, order can be challenged by accused `A' only and this ground is not available to petitioner - Perusal of order reveals proper discussion of..........

SUPREME COURT OF INDIA

Year of Decision : 2015

Details

Criminal Procedure Code, 1973, Section 197 -- Sanction to prosecute - Police excess in connection with investigation of a criminal case - Said offensive conduct reasonably connected with performance of official duty - Previous sanction for prosecution is necessary...........

SUPREME COURT OF INDIA

Year of Decision : 2015

Details

Criminal Procedure Code, 1973, Section 197 -- Sanction to prosecute - Police excess in connection with investigation of a criminal case - Said offensive conduct reasonably connected with performance of official duty - Previous sanction for prosecution is necessary...........

RAJASTHAN HIGH COURT

Year of Decision : 2015

Details

Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 188, 166 -- Sanction for prosecution - Dereliction of duty by not registering the FIR in time on the basis of complaints forwarded by Court u/s 156(3) Cr.P.C. - Order taking cognizance is illegal in absence of prior prosecution sanction...........

SUPREME COURT OF INDIA

Year of Decision : 2015

Details

Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 468, 477A -- Sanction for prosecution - Offence u/ss 420, 468 & 477 IPC - Alleged indulgence of officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their official duty - Their official duty is not to fabricate records or permit evasion of payment of duty and..........

CALCUTTA HIGH COURT

Year of Decision : 2015

Details

Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 295A -- Sanction for prosecution - Offence u/s 295A IPC - Sanction u/s 196 Cr.P.C. is mandatory and no Court has authority to take cognizance except with previous sanction of State Government - Order taking cognizance of offence u/s 295A IPC, without obtaining prior sanction improper and quashed...........

CALCUTTA HIGH COURT

Year of Decision : 2015

Details

Criminal Procedure Code, 1973, Section 196, 460 -- Sanction for prosecution - Failure of investigating agency and of CJM to notice the absence of previous sanction falls within the prohibition enshrined in S.196 Cr.P.C. and cannot be brought within the pale of S.460(e) Cr.P.C. which would apply to generality of procedure covered u/s 190(1)(a)(b)..........

BOMBAY HIGH COURT

Year of Decision : 2015

Details

Criminal Procedure Code, 1973, Section 197(3) -- Public servant - Sanction for prosecution - Offence u/ss 367, 467, 468, 195, 504, 506, 420, 383 IPC - Crime registered against petitioners does not include sections referred to in S.197(1) Explanation Cr.P.C. - Acts performed by petitioners in discharge of their official duty and are reasonably..........

SUPREME COURT OF INDIA

Year of Decision : 2015

Details

Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity of sanction order has to be tested on touchstone of prejudice to accused which is essentially a question of fact and therefore should be left to be determined in the course of trial and not in the exercise of jurisdiction either u/s 482 Cr.P.C. or in a..........

SUPREME COURT OF INDIA

Year of Decision : 2015

Details

Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity - Sanction order granted by competent authority i.e Finance Minister - After one month a corrigendum issued to effect certain corrections in the said sanction order which were only typographical errors, without obtaining approval of Finance Minister - Second..........
    Showing : 51-60 of 393 Results