Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Not required for prosecuting a Pradhan of Gram Panchayat...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471 -- Sanction for prosecution - Cheating - Act committed by accused cannot be said to have been committed by him while acting or purporting to act in discharge of his official duty - Sanction u/s 197 Cr.P.C. for prosecution of accused not required...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 12, Indian Penal Code, 1860, Section 161 -- Illegal gratification - Demand and acceptance of Rs.800 from complainant - Vital ingredients i.e demand, acceptance and recovery are proved from the evidence of PW1 and PW2, which is in conformity with each other and getting due corroboration from contemporaneous..........
Gujarat Town Planning and Urban Development Act, 1976, Section 65, 52 -- Preliminary town planning scheme - Sanction and modification - Power of State Government - In the instant case, petitioners given final plot on their original plot in draft scheme, but, TPO made change in such allotment in preliminary scheme and allotted four different final plots to petitioners - But..........
Easements Act, 1882, Section 4, Gujarat Town Planning and Urban Development Act, 1976, Section 17(1)(a)(i), Bombay Provincial Municipal Corporation Act, 1949, Section 253 -- Development plan - Grant of sanction - As per petitioner, grant of proposed development violate his right to get light and air - Evidence on record does not show that existing properties adjacent to..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 7, 13, Indian Penal Code, 1860, Section 420, 120B -- Sanction for prosecution - Offence u/ss 7, 13 of P.C.Act and Ss.420, 120-B IPC - Competent authority while passing sanctioning order specifically mentioned offences in question - Merely wrong mentioning of S.197 Cr.P.C. instead of..........
Criminal Procedure Code, 1973, Section 197, 482 -- Sanction for prosecution - Allegation of preparing false MLR and X-ray report - Not supported and corroborated by any cogent evidence - I.O. no where found that MLR or X-ray report had been falsely prepared - Trial Court has no where given any finding that MLR or X-ray report were falsely prepared - Merely because accused..........
Prevention of Corruption Act, 1988, Section 19(4) -- Sanction for prosecution - Validity - Department of Law and legislative Affairs of State is legally competent to grant sanction for prosecution irrespective of Department to which accused/officer belongs - Contention of accused that Department of Law and legislative Affairs of State not competent to grant sanction,..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Defective sanction, unproved sanction or sanction on no, application of mind are all fatal to prosecution case under the Act...........
Prevention of Corruption Act, 1988, Section 19, 7, 13(1)(d), 13(2) -- Sanction for prosecution - Offence u/ss 7, 13(1)(d), 13(2) of the Act - Sanction granted by PW9, who is merely a Desk officer and not the appointing authority, - PW9 merely signed the sanction on behalf of President of India without having any authority - Prosecution miserably failed to prove the aspect..........
