Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Act committed by public servant in the course of service but not in the discharge of his duty and without any justification - Bar u/s 197 of the Code is not attracted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 197 -- Dishonour of cheque - Public servant - Sanction for prosecution - Cheque issued by M.D. State Transport Corporation towards payment of instalments or payment of loan - M.D. was performing only his official functions - Sanction for prosecution is mandatory before cognizance of..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Expression, `official duty' - Meaning of - Held, use of the expression, `official duty' implies that the act or omission must have been done by public servant in the course of his service and that it should have been in discharge of his duty - Section does not extend its protective cover to every act..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Limitations - Protection u/s 197 of the Code of Criminal Procedure is subject to certain limitations - Limitations explained...........
Limitation Act, 1963, Section 58, 113 -- Right to sue - When plaintiff claims himself to be owner in exclusive possession of suit property - Right to sue accrued to plaintiff when defendant actually threatened to take forcible possession and not when the mutation was sanctioned in their favour - Under S.113 Limitation Act, limitation is three years from the date when the..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Illegal gratification - Sanction for prosecution - Refusal - Review of order - Held, sanctioning authority can review its order and grant sanction if some new material comes to its notice which was not available when earlier decision was taken...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Substantial part of case against accused did not require any sanction - Trial to continue - Question of sanction for prosecution to be decided at the end of trial...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Offence under Indian Penal Code and Drugs and Cosmetics Act - Offences under Indian Penal Code not required any sanction - Trial to continue - After parties lead their evidence, trial Court to decide whether or not any offences are made out under Drugs Act and whether such offences..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Conditions to be satisfied - Held, before invoking S.197 of Cr.P.C. two conditions must be satisfied - (i) The public servant is removable from the Office either by the Union of India or by the State Government and not by any lesser authority; and (ii) He is accused of offence alleged to have been..........
Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 41, 44A -- Resumption of land - Violation of principles of natural justice - Acquisition for the company to set up manufacture of sheet glass or such other products approved by government - Conveyance deed places an obligation upon the company to obtain prior permission of the Govt. if it desires..........
