Prevention of Corruption Act, 1988, Section 19 -- Corruption - Public servant - Sanction for prosecution - Officer of Reserve Bank of India sent on deputation to National Housing Bank wherein he was absorbed permanently - Sanction for prosecution granted by Chairman-cum-Managing Director of Housing Bank - Sanction is legal and valid - Regulations of Reserve Bank of India..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - There is a distinction between the two provisions - Sanction for prosecution u/s 19 of Prevention of Corruption Act is not required in respect of those who had ceased to be a public servant whereas u/s 197 Cr.P.C. sanction for..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - For applicability of the provision of S.197 Cr.P.C. it is not necessary that public servant must act in his official capacity - Even when a public servant purports to act in his official capacity, the same will attract the provision of S.197 Cr.P.C...........
Electricity Act, 2003, Section 151, 154, 156 - - Theft of electricity - Power of police to investigate - Held, police has power to investigate theft of electrical energy by instituting an FIR - Offence of theft of electrical energy is a cognizable offence - Thus as per Ss.154 and 156 of the Code of Criminal Procedure, police has power to institute and investigate a..........
Prevention of Corruption Act, 1988, Section 19(3) -- Corruption case against Public Servant - Sanction for prosecution - Sanctioning Authority need not be examined as a witness by the prosecution...........
Prevention of Corruption Act, 1988, Section 19(3) -- Public Servant - Corruption case - Sanction for prosecution - Conviction cannot be set aside on the ground of `error, omission or irregularity' in passing the sanction order without recording a finding that a serious failure of justice has been caused to the accused...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Refusal - Review - No fresh material produced - Nothing to show as to why reconsideration became necessary - - High Court holding that State has no power of review - Order upheld...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Necessity of - Accused alleged to have illegally demolished shop of de facto complainant - Accused acted in pursuance of orders issued by Govt. and in capacity as "public servant" - Held, sanction u/s 197 Cr.P.C. is necessary to prosecute accused...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409 -- Bank cashier - Offence u/s 409 IPC - Sanction u/s 197 Cr.P.C. not taken - Proceedings quashed...........
Prevention of Corruption Act, 1988, Section 19 -- Public servant - Illegal gratification - Sanction for prosecution - Perusal of sanction order shows that relevant file was produced and after going through the same, and applying mind, to the facts and circumstances of the case, competent authority granted sanction for prosecution - Sanction cannot be said to be result of..........
