Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - After framing of charge - Accused cannot seek discharge on ground of want of sanction - At that stage, accused can move only for canvassing an acquittal...........
Custom -- Evolves by conduct - It is therefore a mistake to measure its validity solely by element of express sanction accorded by Courts of law...........
Constitution of India, 1950, Article 21, 22 -- Illegal detention - Offence u/ss 498A, 406, 323, 504, 506, 34 IPC - Police approached petitioner at 6:30 am and he was formally arrested at 15:45 hours on the same day - However, petitioner was produced before Magistrate next day at 3 pm - Hence, total detention of petitioner exceeds 24 hours in violation of Art 22(2) of..........
Wakf Act, 1995, Section 56, Wakf Act, 1954, Section 36F -- Acquisition of land of Wakf Board - Restriction on powers to grant lease of Wakf property - Admittedly, there was no sanction of the Board - Thus, arrangement entered into in 1968-1969 exceeding three years will not confer any right, title or interest upon lessee - Even, if sanction is granted by Board it will not..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Committing certain excesses during performance of official duty - Sanction is necessary...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - When there is reasonable connection between alleged act done and official duty, sanction from competent authority is necessary...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 294, 326, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Sanction for prosecution - Offence u/ss 294, 326, 34 IPC and S.3(1)(x) of SC/ST Act - Petitioners being warden of jail were performing their official duties when complainant was found in..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - `Official duty' implies that act or omission should have been done in discharge of duty...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 504, 427 -- Sanction for prosecution - Offence u/ss 323, 504, 427 IPC - Accused a public servant at relevant time, as he was holding post of District Programme Officer - He was deputed in premises of District Magistrate in connection with `Janta Darbar' and was performing his duty on date of..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Provisions of S.19 of P.C.Act will have an overriding effect over general provisions contained in S.190 or S.390 Cr.P.C. - Special Judge while trying an offence under P.C Act cannot summon another person and proceed against him in purported exercise of power u/s 319 Cr.P.C., as existence of..........
