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Showing : 51-60 of 376 Results

GUJARAT HIGH COURT

Year of Decision : 2015

Details

Prevention of Corruption Act, 1988, Section 19 -- Public servant - Sanction for prosecution - Accused No.2 was working as peon in the office of Gram Panchayat and therefore he is doing his work in public interest and remuneration is paid to him from funds of village - Gram Panchayat issued resolution for prosecution against him is just and proper..........

SUPREME COURT OF INDIA

Year of Decision : 2015

Details

Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 195 -- Sanction for prosecution - No Court can issue a positive direction to an authority to give sanction for prosecution...........

SUPREME COURT OF INDIA

Year of Decision : 2014

Details

Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Retirement of public servant - Sanction to prosecute public servant is not required for the offences under Prevention of Corruption Act, if public servant is already retired on the date of cognizance by Court - However, sanction is required for the offences under IPC..........

DELHI HIGH COURT

Year of Decision : 2014

Details

Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 499, 500 -- Public servant - Sanction for prosecution - Act of defamation does not come within purview of official duty and therefore, sanction for prosecution u/s 197 Cr.P.C. is not required...........

RAJASTHAN HIGH COURT

Year of Decision : 2014

Details

Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Validity - Prosecution sanction issued after approval of higher authorities - Note-sheet prepared by Dy. Secretary reveals that he has taken into consideration material available on record and came to conclusion that prima facie case is made out - Said consideration..........

PUNJAB AND HARAYANA HIGH COURT

Year of Decision : 2014

Details

Criminal Procedure Code, 1973, Section 197, 340 -- Sanction for prosecution - Complaint u/s 340 Cr.P.C. - Prosecution miserably failed to show that there is reasonable connection between the act complained of and discharge of official duty by appellants - Complaint held not maintainable in view of provision of S.197 Cr.P.C. in the absence of..........

SUPREME COURT OF INDIA

Year of Decision : 2014

Details

Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Illegal gratification - Sanction for prosecution - Accused discharged as sanction for prosecution was refused - A fresh challan cannot be filed after superannuation of accused from service...........

SUPREME COURT OF INDIA

Year of Decision : 2014

Details

Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Time limit - No time limit is fixed for grant of sanction - Parliament should consider the constitutional imperative of Article 14 enshrining the rule of law wherein "due process of law" has been read into by introducing a time-limit in S.19 of the Act for its working in..........

RAJASTHAN HIGH COURT

Year of Decision : 2014

Details

Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 156(3) -- Sanction for prosecution - In the absence of prior sanction, Magistrate is not empowered to forward a private complaint to police for investigation u/s 156(3) Cr.P.C. against public servant when allegations are in relation to offences alleged to have been committed by them during course of..........

KARNATAKA HIGH COURT

Year of Decision : 2014

Details

Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197(1) -- Sanction for prosecution - Every case against a public servant, alleging an offence punishable under the provisions of P.C. Act can be presented only on obtaining a prior sanction u/s 19 of P.C.Act - But a sanction u/s 197(1) Cr.P.C. is not required to be obtained as a matter of course to initiate..........
    Showing : 51-60 of 376 Results