Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Accused cannot seek shelter behind S.197 Cr.P.C. if his action constituting an offence is not in discharge of his official duty...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Tehsildar beating petitioner - Not a party of his official duty - Sanction for prosecution not required...........
Protection of Civil Rights Act, 1955, Section 5, 7, Criminal Procedure Code, 1973, Section 197 -- Offence of untouchability - Mere utterance of any word on caste of complainant is not sufficient - Complaint filed against govt. official alleging offence of untouchability - Complaint filed after delay of 75 days - Complaint was counter blast of earlier complaint filed by..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Public servant retired from service prior to the filing of charge sheet - No sanction of the govt. for prosecuting the public servant is required - Accused facing prosecution cannot claim immunity on the ground of want of sanction, if he ceased to be a public servant, on the date when..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - No evidence that while granting sanction for prosecution, complete record was examined vis-a-vis each of offences relating to different provisions of law - In sanction order, word used is `any other offence punishable under provisions of law' - Offences not detailed - Held, not a..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Corruption case - Public servant - Grant of sanction - Procedure to be followed - Held, what is material at the time of granting sanction to prosecute is that necessary facts collected during investigation constituting the offence has to be placed before sanctioning authority and..........
Punjab Panchayati Raj Act, 1994, Section 161, 195, 196, 197 -- Appeal - Filing of - Authorization - Absence of - Devolution of powers to Chief Executive Officer of the Zila Parishad as per the provisions of the Act - Deputy Chief Executive Officer is to Assist the Chief Executive Officer in the performance of duties - He does not himself have the power to represent the..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Cognizable offence - Failure to record information - Held, heavy duty has been cast on police authority to record information which reveals cognizable offence - Omission or neglect to discharge said duty would jeopardize administration and in dispensation of justice - In the State, where rule of law..........
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...........
