Showing : 1-10 of 27 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 7, 13(1)(D), 13(2), Indian Penal Code, 1860, Section 120B-- Sanction for prosecution - While taking bribe money it cannot be said that accused was purporting to act in the discharge of his official duty - S.197 Cr.P.C. not at all attracted - Moreover when offence of criminal conspiracy is committed for the offence of special acts or other Sections of IPC..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Not required for prosecuting a Pradhan of Gram Panchayat...........
MADRAS HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197, 482, Notaries Public Act, 1952, Section 13-- Sanction for prosecution - Quashing of Criminal Proceedings - Attestation of antedated agreement, knowing fully well that said agreement was not entered between respective parties in his presence and further fabricated Register in support of hist attestation - Held that, act of attesting..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Offence by public servant - It is not every offence committed by public servant which requires sanction for prosecution u/s 197 Cr.P.C. - Sanction is required only if offence is committed by accused while he is engaged in his official duty - Moreover, if offence is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Report u/s 173 Cr.P.C. that accused after entering into conspiracy to select Panchayat Secretaries, against monetary consideration, committed forgery in various records and used forged record as genuine and destroyed the evidence to justify their illegal..........
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..........
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..........
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 - Question as to whether act complained of is done in performance of duty, is to be determined by the competent authority, and not by the Court - Legislature has conferred "absolute power" on the statutory authority to accord sanction or withhold the same and Court has no..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 13(1)(d)(2), 19, Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Offence u/ss. 13(1)(d)(2) of P.C.Act and Ss. 409, 467, 468, 471 & 120-B IPC - Opportunity of hearing can neither be claimed nor required to be given before granting sanction for prosecution to public servant as it is not a quasi judicial function but an administrative..........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197-- Indian Penal Code, 1860, S.409 - Sanction for prosecution - "Offence committed in discharge of official duty" Misappropriation - Engineers misappropriated budget granted to them for doing some public work - Held, their act was not at all connected with their public duty - On contrary, it was a..........

Showing : 1-10 of 27 Results