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Oct 08 1999

Central Bureau of Investigation Vs. V.K. Sehgal and Another

Court : Supreme Court of India

Decided on : Oct-08-1999

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 465; Prevention of Corruption Act, 1947 - Sections 5(2) and 6; Prevention of Corruption (Amendment) Act, 1988 - Sections 19(3), 27 and 30(2); Indian Penal Code (IPC), 1860 - Sections 161; Criminal Law Amendment Act, 1952; General Clauses Act, 1897 - Sections 6

Reported in : AIR1999SC3706; 2000(2)ALD(Cri)222; 2000(1)ALT(Cri)1; 1999CriLJ4593; 1999(3)Crimes165(SC); 1999(3)CTC531; JT1999(8)SC170; 1999(6)SCALE419; (1999)8SCC501; [1999]Supp3SCR570;

exercise, so far as they may be applicable, all the powers of appeal and revision conferred by the CrPC, 1973 (2 of 1974) on a High Court as if the Court of the Special Judge were a Court … is worthwhile to notice tha a trammel has been imposed on a Court of appeal and revision under Section 19(3)(a) of the 1988 Act. It reads thus: (only material portion is extracted):Notwithstanding anything contained in the CrPC, 1973: … That section reads thus:30. Repeal and saving.-- (1) The Prevention of Corruption Act, 1947 (2 of 1947) and the Criminal Law Amendment Act, 1952 (46 of 1952) are hereby repealed.(2) Notwithstanding such repeal, but without prejudice to the … to prosecute. In this connection a reference to Section 465 of the CrPC is appropriate. It reads thus:465. Finding or sentence when reversible by reason … 30-8-1990, under Section 161 of the Indian Penal Code and Section 5(2) of the Prevention of Corruption

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Apr 17 1998

P.V. Narsimha Rao Vs. State (Cbi/Spe)

Court : Supreme Court of India

Decided on : Apr-17-1998

Subject : Media and CommunicationCriminal

Acts : Privileges of Parliament Act, 1512; Code of Criminal Procedure (CrPC) , 1973 - Sections 108, 164, 173(8), 190, 193, 195 to 197 and 306; Constitution of India - Articles 1(6), 13(2), 19(1), 21, 32, 84, 99, 101, 102, 103, 105(2), 150, 160, 167, 168, 170, 172, 173, 190, 191, 192, 194, 211, 226, 246, 324 and 329; Constitution of India (forty fourth Amendment) Act, 1978 - Sections 15; Prevention of Corruption Act, 1988 - Sections 2, 7, 10, 11, 12, 13, 15 and 19(1); People Act, 1951; Salary, Allowances and Pension of Members of Parliament Act, 1954 - Sections 2, 3, 4, 6(2), 6-A(2) and 8A(1); Indian Penal Code (IPC), 1860 - Sections 2, 5, 8, 9, 12, 21, 120B, 161-A, 164 and 193; Crimes Act, 1914 - Sections 73A; Prevention of Corruption Act, 1947 - Sections 2 and 5(2); Prevention of Corruption Act,

Reported in : AIR1998SC2120; 1997(1)ALD(Cri)157; 1998(1)ALD(Cri)762; 1997(1)BLJR263; 1998CriLJ2930; 1998(3)SCALE53; (1998)4SCC626; [1998]2SCR870

office at the time when the offence was alleged to have been committed.(3) Notwithstanding anything contained in the CrPC, 1973 (2 of 1974), -(a) no finding, sentence or order passed by a Special Judge shall be reversed or … Member of Parliament would be immune from effective punitive sanctions of the kind that can be inflicted under the criminal law. Public obloquy is unlikely to be an effective sanction against such a person and accordingly we consider … of this Constitution and to the rules and standing order regulating the procedure of Parliament, there shall be freedom of speech in Parliament.(2) No Member … them under Section 193 of the Indian Penal Code. Shailender Mahto of the J.M.M., it may be … the situation of a public servant, whatever legal defect there may be in his right to hold that situation.'Section 19 of the said Act deals with the previous sanction that is necessary for prosecution for the offences mentioned

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Jan 12 1995

State Through Central Bureau of Investigation Vs. Ravinder Singh

Court : Delhi

Decided on : Jan-12-1995

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 242(3); Prevention of Corruption Act, 1947 - Sections 19

Reported in : 1995CriLJ3428; 57(1995)DLT506; 1995(32)DRJ394

order and for the reasons recorded above, I dismiss the revision petition with no order as to costs. Criminal Procedure Code, 1973 - Section 242(3)--Effect of--The provision does not bar the Magistrate to discharge the accused before recording the … petition filed by the State under Sections 397 and 401 of the Code of Criminal Procedure 1973 on behalf of the Central Bureau of Investigation … present case which also include Sections 244 and 245. What Mr.Andley has contended is that in view of Section-19 of the Prevention of Corruption Act, the cognizance cannot be taken by any Court in the absence of

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Feb 19 2005

Vijay Bhadur Singh Vs. Special Session Judge and anr.

Court : Uttaranchal

Decided on : Feb-19-2005

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 13(2), 13A(D), 19, 19(1), 19(3) and 19(4); Code of Criminal Procedure (CrPC) , 1973; Indian Penal Code (IPC) - Sections 120B, 420, 467, 468 and 471

Reported in : 2005CriLJ2242

Section 19 of the Prevention of Corruption Act, 1988 makes the position clear that notwithstanding anything contained in the Criminal Procedure Code, 1973, no finding, sentence and order passed by a Special Judge shall be reversed or altered by a … the Prevention of Corruption Act, 1988 makes the position clear that notwithstanding anything contained in the Criminal Procedure Code, 1973, no finding, sentence and order passed by a Special Judge shall be reversed or altered by a

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Sep 10 2004

State by Police Inspector Vs. Sri T. Venkatesh Murthy

Court : Supreme Court of India

Decided on : Sep-10-2004

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 7, 10, 11, 13, 13(1), 13(2), 15 and 19; Karnataka Electricity Board Employees (Classification, Disciplinary Control and Appeal) Regulations, 1987; Code of Criminal Procedure (CrPC) , 1973 - Sections 401, 462 and 465

Reported in : AIR2004SC5117; 2004(2)ALD(Cri)670; JT2004(8)SC362; 2005(1)KarLJ41; 2004(7)SCALE573; (2004)7SCC763; 2004(2)LC1409(SC); MANU/SC/0731/2004

Section 19 - Karnataka Electricity Board Employees ( Classification Disciplinary Control and Appeal ) Regulations , 1987 - Criminal Procedure Code , 1973 - Sections 401, 462, 465 - Sanction for prosecution - Scope and ambit of - Prosecution … discharge. By the impugned order the revision application filed under Section 397 read with Section 401 of the Code of Code of Criminal Procedure, 1973 (in short the 'Code'), was dismissed.4. In support of the appeal learned

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Aug 26 2008

Mallikarjun Mallur Vs. State by Lokayukta Police

Court : Karnataka

Decided on : Aug-26-2008

Subject : ServiceCriminal

Acts : Prevention of Corruption Act, 1988 - Sections 6, 6(1), 7, 13(1), 13(2), 19, 19(1) and 19(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 197

Reported in : 2008(6)KarLJ126;

held that the finding in R.S. Nayak's case is not per incuriam, that sanction under Section 197 of the Criminal Procedure Code, 1973 is different from sanction under Section 19 of the Prevention of Corruption Act.5. Learned Counsel for the … finding in R.S. Nayak's case is not per incuriam, that sanction under Section 197 of the Criminal Procedure Code, 1973 is different from sanction under Section 19 of the Prevention of Corruption Act.5. Learned Counsel for the

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Feb 06 2009

Satish Kumar Vs. C.B.i.

Court : Delhi

Decided on : Feb-06-2009

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 2, 6, 7, 13, 13(1), 13(2), 19, 19(3),19(4) and 27; Prevention of Corruption Act, 1947; Code of Criminal Procedure (CrPC) , 1973 - Sections 161, 173, 313, 465, 465(2) and 482

Reported in : 2009CriLJ2716

Act makes it clear that Section 19 of the Act has an overriding effect on the provision of the Criminal Procedure Code, and hence no finding sentence and order passed by a Special Judge can be reversed or altered by … proceedings.11. Section 19(3)(a) and 19(4) read as follows:19. Previous sanction necessary for prosecution(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974):(a) no finding, sentence or order passed by a special Judge shall

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Jul 10 2001

Tirath Prakash (Deceased) Through His Widow Smt. Mithlesh Sharma Vs. S ...

Court : Delhi

Decided on : Jul-10-2001

Subject : Criminal

Acts : Prevention of Corruption Act, 1947 - Sections 5 (1) and (2), 6 and 6 (2) and (3A); Indian Penal Code (IPC), 1860 - Sections 161, 164 and 165; Code of Criminal Procedure (CrPC) , 1973 - Sections 215, 313, 313 (1), 394, 464 and 465; Prevention of Corruption (Amendment) Act, 1988 - Sections 19 (3) and (4)

Reported in : 2001CriLJ4028; 2001(59)DRJ619

the learned Special Judge is set aside and the conviction and sentence passed on the appellant are quashed. Criminal Procedure Code, 1973 - Sections 215 & 464--Charge--Defective charge framed--Appellant convicted--Serious lacunu in charge--Resulting failure of justice and prejudice to … 1947 (for short the Act) and Section 161 of the Indian Penal Code and Sentenced to undergo one year rigorous imprisonment and a fine of … (for short the 1988 Act) has come into force, in the light of sub-Sections (3) and (4) of Section 19 of the said Act, the order passed by the Trial Court cannot be reversed or altered on account

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Dec 04 2007

Srinivasa Gowda Vs. H.J. Leelavathi

Court : Karnataka

Decided on : Dec-04-2007

Subject : Family

Acts : Family Courts Act, 1984 - Sections 19(4); Code of Criminal Procedure (CrPC) , 1973 - Sections 125 and 127

Reported in : 2008(1)KarLJ152; 2008(1)KCCR302; 2008(2)AIRKarR111; AIR2008NOC1108; 2008CriLJ(NOC)547; 2008(3)Crimes530; 2008(1)AICLR622

authorities and legal position, that can be done only in a properly laid petition under Section 127 of the Criminal Procedure Code, 1973, presented before the Court below which had passed an order for maintenance under Section 125 of the … position, that can be done only in a properly laid petition under Section 127 of the Criminal Procedure Code, 1973, presented before the Court below which had passed an order for maintenance under Section 125 of the … reasons in support of the right order.2. This revision petition under Section 19(4) of the Family Courts Act, 1984 is by the husband who had

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Feb 16 2004

State of H.P. Vs. Narendra Kumar and anr.

Court : Supreme Court of India

Decided on : Feb-16-2004

Subject : CriminalFood Adulteration

Acts : Prevention of Food Adulteration Act, 1954 - Sections 13(2), 13(3), 13(5), 16(1), 19 and 19(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 313; Prevention of Food Adulteration Rules, 1955 - Rules 7, 7(3), 17 and 18; Constitution of India - Article 136; Evidence Act, 1872 - Sections 114

Reported in : JT2004(2)SC522; 2004(1)KLT1001(SC); 2004(2)SCALE502; (2004)4SCC567

the aforesaid extent. Prevention of Food Adulteration Act, 1954 - Sections 13(2), 13(3), 13(5), 16(1), 19 and 19(2); Criminal Procedure Code (CrPC), 1973 - Section 313; Constitution of India - Article 136; Indian Evidence Act, 1872 - Section 114 - Prevention

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