Code of Criminal Procedure, 1973 with Section 197

Supreme Court Upholds Prosecution of Public Servants Under Water Act: Noorulla Khan vs. Karnataka State Pollution Control Board (2021)

/ Ajay Rastogi, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 197, Code of Criminal Procedure, 1973 with Section 5, Judges, Offences under the Water Act, Uday Umesh Lalit, Water (Prevention and Control of Pollution) Act, 1974, Water (Prevention and Control of Pollution) Act, 1974 with Section 48, Water (Prevention and Control of Pollution) Act, 1974 with Section 60

Supreme Court Upholds Prosecution of Public Servants Under Water Act: Noorulla Khan vs. Karnataka State Pollution Control Board (2021) LEGAL ISSUE: Whether public servants can claim protection under Section 197 of the Code of Criminal Procedure, 1973 in cases of offenses under the Water (Prevention and Control of Pollution) Act, 1974. CASE TYPE: Criminal Law, […]

Supreme Court Upholds Prosecution of Public Servants Under Water Act: Noorulla Khan vs. Karnataka State Pollution Control Board (2021) Read Post »

Supreme Court Quashes Criminal Charges Based on CVC Report in SIDBI Fraud Case (8 September 2020)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 197, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 420, Indira Banerjee, Judges, Navin Sinha, R.F. Nariman

Supreme Court Quashes Criminal Charges Based on CVC Report in SIDBI Fraud Case LEGAL ISSUE: Whether criminal proceedings can be quashed based on the findings of a Central Vigilance Commission (CVC) report exonerating an individual on the same charges in departmental proceedings. CASE TYPE: Criminal Law Case Name: Ashoo Surendranath Tewari vs. The Deputy Superintendent

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Supreme Court Quashes Complaint Against Police Officer for Lack of Sanction: D. Devaraja vs. Owais Sabeer Hussain (2020)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 197, Code of Criminal Procedure, 1973 with Section 482, Indira Banerjee, Judges, Karnataka Police Act, 1963, Karnataka Police Act, 1963 with Section 170, R. Banumathi

Supreme Court Quashes Complaint Against Police Officer for Lack of Sanction: D. Devaraja vs. Owais Sabeer Hussain (2020) LEGAL ISSUE: Whether a Magistrate can take cognizance of a private complaint against a public servant without prior government sanction. CASE TYPE: Criminal Law Case Name: D. Devaraja vs. Owais Sabeer Hussain [Judgment Date]: June 18, 2020

Supreme Court Quashes Complaint Against Police Officer for Lack of Sanction: D. Devaraja vs. Owais Sabeer Hussain (2020) Read Post »

Supreme Court overturns High Court order on Sanction under Prevention of Corruption Act: CBI vs. B.A. Srinivasan (2019) INSC 123

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 197, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 420, Indu Malhotra, Judges, Krishna Murari, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 13(1)(d), Prevention of Corruption Act, 1988 with Section 13(2), Prevention of Corruption Act, 1988 with Section 19, Uday Umesh Lalit

Supreme Court overturns High Court order on Sanction under Prevention of Corruption Act: CBI vs. B.A. Srinivasan (2019) INSC 123 LEGAL ISSUE: Whether sanction under Section 19 of the Prevention of Corruption Act, 1988 is required to prosecute a public servant after retirement. CASE TYPE: Criminal. Case Name: Station House Officer, CBI/ACB/Bangalore vs. B.A. Srinivasan.

Supreme Court overturns High Court order on Sanction under Prevention of Corruption Act: CBI vs. B.A. Srinivasan (2019) INSC 123 Read Post »

Supreme Court clarifies: No Sanction Needed to Prosecute Bank Managers for Forgery: S.K. Miglani vs. State NCT of Delhi (2019)

/ Ashok Bhushan, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 197, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120-B, Indian Penal Code, 1860 with Section 465, Judges, K.M. Joseph

Supreme Court Clarifies Sanction for Prosecution of Bank Managers in Forgery Cases LEGAL ISSUE: Whether a bank manager requires prior sanction under Section 197 of the Code of Criminal Procedure (CrPC) before being prosecuted for offenses like forgery allegedly committed while opening a bank account. CASE TYPE: Criminal Law Case Name: S.K. Miglani vs. State

Supreme Court clarifies: No Sanction Needed to Prosecute Bank Managers for Forgery: S.K. Miglani vs. State NCT of Delhi (2019) Read Post »

Prior Sanction for Corruption Investigation: Supreme Court refers the matter to a larger bench in Manju Surana vs. Sunil Arora (2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 156, Code of Criminal Procedure, 1973 with Section 190, Code of Criminal Procedure, 1973 with Section 197, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 420, J. Chelameswar, Judges, Offences under Prevention of Corruption Act, Prevention of Corruption Act, 1988, Prevention of Corruption Act, 1988 with Section 19, Sanction for Prosecution, Sanjay Kishan Kaul

Supreme Court on Prior Sanction for Corruption Investigation: Manju Surana vs. Sunil Arora (2018) LEGAL ISSUE: Whether prior sanction is required for initiating an investigation against a public servant under Section 156(3) of the Code of Criminal Procedure, 1973 (Cr.P.C.) for offences under the Prevention of Corruption Act, 1988 (PC Act). CASE TYPE: Criminal Law,

Prior Sanction for Corruption Investigation: Supreme Court refers the matter to a larger bench in Manju Surana vs. Sunil Arora (2018) Read Post »

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