Showing : 241-250 of 391 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Proximity with official duties - Offences are alleged to have been committed u/ss 420, 467, 120-B IPC and S.13(1)(d) r/w S.13(2) of Prevention of Corruption Act - Held, offence of cheating u/s 420 or for that matter offences relatable to Ss.467, 468, 471 and 120-B and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Protection when available - Held, protection is available only when alleged act done by public servant is reasonably connected with discharge of his official duty and is not merely a cloak for doing objectionable act - If in doing public duty, he acted in excess of his..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Illegal gratification - Public servant - Sanction for prosecution - Minister receiving illegal gratification by making appointments to various posts - It is not part of public duty of a public servant - Sanction for prosecution is not required...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - If an act, which constitutes an offence, is outcome of discharge official duty, though the power may have been exercised in excess, the provision of S.197 would stand attracted and a public servant cannot be prosecuted without obtaining prior sanction..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Mutation by Naib Tehsildar - Allegation against petitioner are that he sanctioned mutation on basis of certain reports submitted to him by the Subordinate officers - Merely because allegations of forgery and conspiracy are levelled against petitioner, it..........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Sanction order need not be detailed order - It is sufficient if from a bare perusal of the sanction order it transpires that the sanctioning authority has applied his mind on the materials produced before him and has then granted the sanction...........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Sanctioning authority before according sanction looked into the evidences and materials collected by Vigilance Department and considered the surrounding circumstances and facts of the case and only then granted sanction - Sanction order does not suffer..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 468-- Sanction for prosecution - In pursuance to the complaint received by petitioner against respondent-complainant on the basis of which a DO letter was addressed to higher authority, which is alleged to have been forged, petitioner merely recommended therein holding of enquiry against respondent -..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 406, 409, 120B-- Public servant - Sanction for prosecution - Offence u/ss 406, 409, 120-B - Sanction for prosecution not required - It is no part of duty of public servant to enter into a criminal conspiracy for committing breach of trust...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Retirement - Offence committed in discharge of official duty - Held, sanction for his prosecution is required even after his retirement...........

Showing : 241-250 of 391 Results