Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 19 -- Discharge - Sanction for prosecution - Issue relating to invalidity of sanction for prosecution is to be raised during trial and not at the stage of considering discharge application...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Accused being village administrative officers demanded Rs.600 to facilitate transfer of electric connection in the name of complainant - PW1 proved the sanction for prosecution - Inspector Crime Branch proved trap proceedings and recovery - False defence is taken by accused which..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Employees of public sector corporations are not entitled to protection u/s 197 Cr.P.C as `public servant'...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Question of sanction u/s 197 Cr.P.C with regard to appellant Nos. 3 and 4 treating them to be `public servant' simply does not arise, as they ceased to be government employees after their absorption in Corporation, prior to complaint - As regarding appellant No.2 since there is no..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Act done in performance of public duty - Even otherwise, complaint is lodged on the next date as a counter blast to proceedings initiated by petitioner for removal of encroachment on public land - Sanction u/s 197 Cr.P. a prerequisite for taking cognizance against petitioner...........
Arms Act, 1959, Section 39, 3 -- Offence u/s 3 of the Act - Sanction of District Magistrate is a pre-condition for initiating prosecution against a person u/s 3 of the Act - Without a sanction being produced by prosecution, Court ought not to have taken cognizance on final report...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Beating by police personnel, taking money of One lakh and not entering the same in recovery memo - Act not in discharge of official duty - Sanction for prosecution not required...........
Rajasthan Municipalities Act, 1959, Section 173A(2) -- Change of use of land - Commercial-cum-residential complex - Respondents intended to construct multi-storyed building for commercial-cum-residential complex for which conversion charges as condition precedent for sanction map is mandatory - Contention of respondents that they were forced by Corporation to apply for..........
Criminal Procedure Code, 1973, Section 188 -- Offence committed outside India - Power of arrest and detention is available to Police authorities where allegations pertain to commission of offences allegedly committed outside India, though sanction of Central Government as per S.188 Cr.P.C has not been obtained - Only post cognizance inquiries and commencement of trial..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Rent and eviction - Bonafide requirement for carrying out re-building and reconstruction - Landlord duly proved on record his sanction plan - Even, there is no dispute that landlord has necessary means for carrying out construction - Moreover, in present era of liberalised economy it is not very difficult to..........
