Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 20, 13(1)(d) -- Sanction for prosecution - Prosecution of public servant in an offence under IPC and Prevention of Corruption Act - Want of sanction - Charges under Prevention of Corruption Act fails - However, charges under IPC would not fail on this account - A person may commit..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Illegal gratification - Public servant - Sanction for prosecution - Material for sanction - Adequacy or inadequacy of material before sanctioning authority cannot be looked into by Court...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Illegal gratification - Public servant - Sanction for prosecution - Some of the materials on the basis of which sanction was granted not proved - Do not vitiate the order of sanction...........
Constitution of India, 1950, Article 21, Criminal Procedure Code, 1973, Section 197, Jammu and Kashmir Prevention of Corruption Act, 1988, Section 5(2), 6 -- Speedy trial - Accused prosecuted in a corruption case - Accused faced trial for 26 years - No lapse on part of accused - Not a single witness examined by prosecution - Criminal proceedings qua accused, quashed -..........
Constitution of India, 1950, Article 21, Criminal Procedure Code, 1973, Section 197, Jammu and Kashmir Prevention of Corruption Act, 1988, Section 5(2), 6 -- Speedy trial - Sanction for prosecution -Accused prosecuted in a corruption case - Public servant prosecuted in a corruption case - Accused committed misconduct while discharging official functions - Cognizance..........
Criminal Procedure Code, 1973, Section 197, 482 -- Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 32 - Penal Code, 1860, Sections 452, 500, 506, 148 r/w 149 - Summoning order - Quashing petition - Public servant - Sanction for prosecution - Loan - Default - Affixation of notice, demanding payment, on the house..........
Criminal Procedure Code, 1973, Section 197 -- Public servant -Criminal prosecution - Expression `official duty' - It applies to an act or omission by a public servant in the course of his service - However, this protective cover does not extend to every act or omission - Only those acts or omissions as are so inextricably linked to the discharge of official duties, as to..........
Prevention of Corruption Act, 1988, Section 7, 13, 15, Criminal Procedure Code, 1973, Section 197, 190 -- Corruption case - Sanction for prosecution - Prosecution of public servant in a corruption case - Sufficient evidence found against accused during investigation by police - Competent Authority declined to accord sanction for prosecution - Police submitted cancellation..........
Prevention of Corruption Act, 1988, Section 7, 13, 15, Criminal Procedure Code, 1973, Section 197 -- - Corruption case - Sanction for prosecution - Prosecution of public servant in a corruption case - Sanctioning Authority has absolute discretion to grant or not to grant sanction...........
Prevention of Corruption Act, 1988, Section 7, 13, 15, Criminal Procedure Code, 1973, Section 197, 190(1) -- Corruption case - Sanction for prosecution - Cognizance of offence by Magistrate - If Magistrate takes cognizance of offence under S.190(1) Cr.P.C. he must apply his mind for the purpose of proceeding in a particular way - A valid sanction is a condition..........
