Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Act not part of official duties - Sanction for prosecution not required...........
Criminal Procedure Code, 1973, Section 227, 197, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1), 3(2) -- Discharge - Sanction for prosecution - Whatever allegations have been made against petitioner, those are when petitioner was functioning as then District Education Officer - All actions taken by her were in discharge of her..........
Prevention of Corruption Act, 1988, Section 19, 7, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 120B -- Illegal gratification - Offence u/ss 7, 13(1)(d), 13(2) and S.120-B IPC - Sanction for prosecution granted u/s 19 of Corruption Act - Sanction u/s 197 Cr.P.C. for prosecution of offence u/s 120-B IPC is not required since..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409, 420, 467, 468, 471 -- Public servant - Sanction for prosecution - Offence u/ss 409, 420, 467, 468 & 471 IPC - Can by no stretch of imagination, by their vary nature, be regarded as having been committed by a public servant while `acting or purporting to act in discharge of official duty'...........
Criminal Procedure Code, 1973, Section 197, Andhra Pradesh General Sales Tax Act, 1957, Section 37 -- Sanction for prosecution - Sales Tax Department made a raid on the premises belonging to complainants - Complainants lodged a complaint with Magistrate that Sales Tax Officials took away certain documents without giving any receipt - Summoning order issued by Magistrate..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Act done in discharge of official duty - Sanction for prosecution is mandatory - Act whether bona fide or mala fide is not consideration for obtaining sanction - Any Act done in discharge of official duty would not ipso facto invite criminal liability without sanction...........
Prevention of Corruption Act, 1988, Section 19, 13(1)(d), Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420 -- Sanction for prosecution refused by competent authority twice - On request of police, concerned authority reviewed the order and granted sanction on same material - Order granting sanction set aside - Held, once the sanction was..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Protective cover of S.197 Cr.P.C. does not cover every act or omission done by a public servant in service but restricts its scope of operation to only those acts or omissions which are done by a public servant in discharge of his official duty...........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Offence u/s 13(1)(d) r/w S.13(2) Prevention of Corruption Act and u/ss 420, 467, 468, 471 and 120-B IPC - Challan presented after retirement - Sanction for prosecution refused twice when accused were in..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 166, 167 -- Sanction for prosecution - Prosecution of public servant under Ss.166, 167 IPC - Held, that S.197 of the Code unlike the provision of the Prevention of Corruption Act postulate obtaining of an order of sanction even in a case where public servant has ceased to hold office...........
