Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Discharge - Cheating - Allegations that respondent with the object of cheating the Bank, granted three facilities to Company - However, role of respondent confined to signing the memorandum prepared by senior..........
Service -- Sealed cover procedure - Mere pendency of investigation and grant of prosecution sanction will not be sufficient to enable the authorities to adopt the sealed cover procedure against an employee - Disciplinary/criminal proceedings can be said to be initiated against the employee only when a charge memo is issued to employee in a disciplinary proceeding or a..........
Criminal Procedure Code, 1973, Section 197(2), Armed Forces (Special Powers) Act, 1958, Section 6, Indian Penal Code, 1860, Section 302, 307, 326, 201, 120B, 34 -- Sanction for prosecution - Murder - Sanction as required u/s 6 of 1958 Act has been declined by competent authority - FIRs in question cannot continue any further - However, since State has already assailed said..........
Dowry Prohibition Act, 1961, Section 8A -- (as applicable in State of Punjab) - Sanction for prosecution - No prosecution can be instituted against any person in respect of any offence committed under the Act without previous sanction of District Magistrate as per S.8-A of the Act as applicable to State of Punjab...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity - Order of sanction can be proved by examining a witness who can identify the signatures of sanctioning authority...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity - Accused did not point out the lapses in the sanction order - Accordingly, in absence of any material to show that sanction for prosecution was issued without due application of mind and further in absence of any failure of justice, judgment of conviction cannot be interfered with on the..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanction order gives the details of complainant's case in brief and also that accused was trapped - Test on both the hands turning positive and recovery of tainted currency from possession of accused is also stated in the sanction order - Sanctioning authority had granted the sanction after..........
Criminal Procedure Code, 1973, Section 188, Indian Penal Code, 1860, Section 498A -- Sanction u/s 188 Cr.P.C - Offence u/s 498-A IPC committed outside India - Matter definitely would come within ambit of S.188 Cr.P.C - Proceedings without obtaining prior sanction as contemplated u/s 188 Cr.P.C is thus, vitiated...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Mere invalidity of sanction cannot be a ground for acquittal of an accused...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Mere procedural defects in the sanction process would not invalidate the case of prosecution...........
