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S.S. Dhanoa Vs. Municipal Corporation, Delhi and ors.
Supreme Court of India
May-08-1981
CriminalFood Adulteration
Indian Penal Code (IPC), 1860 - Sections 21; Bombay Cooperative Societies Act, 1925 - Sections 10 and 23; Prevention of Food Adulteration Act, 1954 - Sections 19(2); All India Services (Conduct) Rules, 1968 - Rule 2; All India Services (Discipline and Appeal) Rules, 1969 - Rule 2; Code of Criminal Procedure (CrPC) , 1973 - Sections 197; Companies Act; Societies Registration Act; Prevention of Food Adulteration Rules, 1955 - Rule 12A
AIR1981SC1395; 1981CriLJ871; [1981(43)FLR272]; (1981)IILLJ230SC; (1981)IILLJ231SC; 1981(1)SCALE919; (1981)3SCC431; [1981]3SCR864; 1981(13)LC803(SC)
as to costs. Criminal - Sanction for prosecution of public servant - Section 197 of the Code of Criminal Procedure, 1973 and Sections 7 and 16 of Prevention of Food Adulteration Act, 1947 - Appellant was member of … Clause Twelfth of Section 21 of the Indian Penal Code, 1860, for purposes of Section 197 of the CrPC, 1973. The question arises in this way.2. The appellant is a member of the Indian Administrative Service. By notification
Tag this Judgment! AI Brief & AskMedchel Chemicals and Pharmaceuticals Pvt. Ltd. Vs. Dr. D.C. Mallik an ...
Chennai
Apr-01-1998
CompanyCommercial
Code of Criminal Procedure (CrPC) , 1973 - Sections 197 and 258; Companies Act, 1956 - Sections 284 and 617; Negotiable Instruments Act, 1881 - Sections 138; Indian Penal Code (IPC), 1860 - Sections 34, 120B, 209, 211, 406, 420 and 511
[1998]94CompCas259(Mad)
appointed by the office bearers of the MMTC who can be removed by them and Section 197 of the Criminal Procedure Code, 1973, is not attracted for sanction, and, therefore, he dismissed M. P. No. 1056 of 1996, totally and … punished under Sections 120B, 209, 211, 406, 420 and 511 read with Section 34 of the Indian Penal Code, 1860. Therefore, there were two sets of complaints, one set by the revision petitioner-MMTC under Section 138 of
Tag this Judgment! AI Brief & AskMohan Mallu Rathod and ors. Vs. State of Maharashtra
Mumbai
Dec-21-1984
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 197, 197(1) 218 to 224 and 482; Criminal Law Amendment Act, 1952 - Sections 6 and 7; Bombay Police Act, 1951 - Sections 161 and 161(1); Prevention of Corruption Act, 1961 - Sections 6 and 6(1); Indian Penal Code (IPC), 1860 - Sections 161, 164 and 165
1985(2)BomCR633
of Maharashtra in exercise of the powers conferred by Clause (b) of sub-section (1) and sub-section (3) of section 197 of the Code of Criminal Procedure, 1973, and section 6(1)(b) of the Prevention of Corruption Act. The first … colour or in excess of such duty. It was pointed out that sub-section (8) of section 100 of the Criminal Procedure Code enjoins a duty on every person, if called upon to do so by a Police Officer to witness … Article 227 of the Constitution of India and section 482 of the Code of Criminal Procedure for quashing the orders passed by the Special Judge,
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Mrs. Sarojini Ramaswami Vs. Union of India and Others
Supreme Court of India
Aug-27-1992
ConstitutionCriminal
Constitution of India - Articles 21, 32, 61, 67, 70, 94, 118, 119, 121, 122(1), 124(4), 124(5), 136, 141, 218, 226, 317 and 365(1); Judges (Inquiry) Act, 1968) - Sections 3, 4 and 6(1); Judges (Inquiry) Rules, 1969 - Rules 6, 9, 10(2) and 16; Parliamentary (Judges) Commission of Inquiry Act, 1988; Punjab Welfare Officer Recruitment and Conditions of Service Rules, 1952; Uttar Pradesh Industrial Disputes Act, 1947 - Sections 5 and 25N; House of Comons (Redistribution of Seats) Act, 1979; Enquiry Rules, 1969; Code of Criminal Procedure (CrPC) , 1973 - Sections 197; Code of Civil Procedure (CPC) , 1908 - Sections 9
AIR1992SC2219; JT1992(5)SC1; 1992(2)SCALE257; (1992)4SCC506; [1992]Supp1SCR108
is like granting of sanction for prosecution of a public servant as contemplated under Section 197 of the CrPC, 1973. Unless the validity of the sanction is questioned at the earliest stage the accused is precluded to … prosecution of a public servant as contemplated under Section 197 of the CrPC, 1973. Unless the validity of the sanction is questioned at the earliest … is like granting of sanction for prosecution of a public servant as contemplated under Section 197 of the CrPC, 1973. Unless the validity of the sanction is questioned at the earliest stage the accused is precluded to assail … might place it before Parliament when in session. Recourse to such a procedure would not only be in violation of my Constitutional right to receive
Tag this Judgment! AI Brief & AskSuresh H. Rajput Etc. Vs. Bhartiben Pravinbhai Soni and Others Etc.
Supreme Court of India
Nov-28-1995
CriminalFood Adulteration
Prevention of Food Adulteration Act, 1954 - Sections 7, 12, 14A, 16 and 20; Code of Criminal Procedure (CrPC) , 1973 - Sections 197; Constitution of India - Article 142
1996IAD(SC)74; AIR1996SC2883; 1996(1)ALD(Cri)828; 1996CriLJ1621; JT1995(9)SC210; 1995(7)SCALE217; (1996)7SCC199; [1995]Supp5SCR747
1991CriLJ1438 , one of us, (K. Ramaswamy, J.) considered the effect of the sanction under Section 197 of the Criminal Procedure Code at page 268 thus :It is equally well settled that before granting sanction the authority or the appropriate … on merits in favour of the prosecution. On appeal filed by the appellant under Section 378(4) of the CrPC, 1973, the High Court by order dated October 28, 1991 refused leave and confirmed the acquittal. Thus these appeals
Tag this Judgment! AI Brief & AskVysya Bank Ltd. Vs. Official Liquidator, Shreeniwas Cotton Mills Ltd. ...
Mumbai
Jul-09-1992
Company
Companies Act, 1956 - Sections 179, 391, 442, 446, 456, 457 and 537; Code of Civil Procedure (CPC), 1908 - Sections 92; Code of Criminal Procedure (CrPC) , 1973 - Sections 197
(1992)94BOMLR303; [1995]84CompCas493(Bom); 1992(2)MhLj1239
have been used like in section 92 of the Civil Procedure Code, 1908, and in section 197 of the Criminal Procedure Code, 1973, and again in clause 12 of the Letters Patent The consequence of disregarding the necessity of the … words 'previous sanction or permission or leave' have been used like in section 92 of the Civil Procedure Code, 1908, and in section 197 of the Criminal Procedure Code, 1973, and again in clause 12 of the
Tag this Judgment! AI Brief & AskShri S.K. Zutshi and anr. Vs. Shri Bimal Debnath and anr.
Supreme Court of India
Aug-10-2004
Criminal
Indian Penal Code. 1860 - Sections 395, 447 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 190, 193, 196, 197, 197(1), 197(2), 397 and 475; Customs Act 1962 - Sections 100 to 104, 106, 107, 109 and 110
AIR2004SC4174; JT2004(6)SC323; 2004(6)SCALE550; (2004)8SCC31
in that regard presently raised has no leg to stand.15. The appeal fails and is dismissed. Criminal - Criminal Procedure Code (Crpc), 1973 - Section 1973, Section 197 - Sanction for prosecution of public servant - Validity - Respondent 1 filed
Tag this Judgment! AI Brief & AskDeepak Ganpatrao Salunke Vs. Governor of Maharashtra and Others
Mumbai
Jul-18-1998
CriminalElection
Indian Penal Code (IPC), 1860 - Sections 171-B; Representation of People Act, 1951 - Sections 123; Code of Criminal Procedure (CrPC) , 1973 - Sections 197; Constitution of India - Article 134-A, 163(1), 226 and 227
1999(1)ALLMR263; 2000(5)BomCR106; 2000BomCR(Cri)106; 1999CriLJ1224
a gratification under Section 171-B of the Indian Penal Code, 1860.;d) The case questioned whether Section 197 of the Criminal Procedure Code, 1973 in respect of corrupt practice could be invoked when an offer was made by a public servant … of Chief Minister and that amounted to the commission of offences covered by Chapter IX-A of Indian Penal Code. These activities also amount to corrupt practices within the meaning of section 123(3) of the Representation of the
Tag this Judgment! AI Brief & AskThe State of Maharashtra (at the Instance of Shri S.B. Jadhav, Food In ...
Mumbai
Jan-30-2004
CriminalConsumer
Prevention of Food Adulteration Act, 1954 - Sections 11, 13(2), 14A, 16, 17, 20 and 20(1); Prevention of Corruption Act; Evidence Act - Sections 114; Code of Criminal Procedure (CrPC) , 1973 - Sections 100, 100(3), 100(7), 196A and 197; Prevention of Food Adulteration Rules, 1958 - Rule 3; Prevention of Food Adulteration Rules, 1955 - Rules 14, 16 and 16(6)
2004CriLJ2780
Section 20 of the Act was qualitatively same as expression 'Sanction' as would appear in Section 197 of the Criminal Procedure Code, 1973. On that basis, it was contended that the rigours that would apply for a valid Sanction, would … the Act was qualitatively same as expression 'Sanction' as would appear in Section 197 of the Criminal Procedure Code, 1973. On that basis, it was contended that the rigours that would apply for a valid Sanction, would
Tag this Judgment! AI Brief & AskRajkumar Anandilal Vs. State of Maharashtra
Mumbai
Sep-01-2005
CriminalFood Adulteration
Railway Protection Force Act, 1957 - Sections 11 and 20(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 197, 197(1), 197(2) and 197(3); Food Adulteration Act; Indian Penal Code (IPC) - Sections 21, 102, 300, 302 and 304; Railway Protection Force Rules
2005CriLJ4665
correct as all three bullets had entered into the body of the deceased. As regards Section 197 of the Criminal Procedure Code, it was contended that no sanction was required as the Apex Court had in several judgments held that … of the provisions of Section 197(2) of the Code of Criminal Procedure, 1973 the Court could not have taken cognizance of the offence particularly since … of 1995, holding the accused guilty of committing an offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer life imprisonment and to pay a fine of Rs. 500/-, in default to
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