Section 197 - Judgment Search Results

Rajen Singh (A.P.S.) Vs. State of Assam and ors.

Court: Guwahati

..... all at the first blush therefore the requirement of sanction under section 197 is paradoxical on the one hand section 197 protects a public servant from being prosecuted without sanction if the ..... court after having referred to its earlier decisions on the question of application of section 197 observed the section has thus to be construed strictly while determining its applicability to any act or .....

Sankaran Moitra Vs. Sadhna Das and anr.

Court: Supreme Court of India

Reported in: AIR2006SC1599; (2006)3GLR2304; JT2006(4)SC34; 2006(3)SCALE414; (2006)4SCC584

..... and prosecution and that is the rationale behind section 196 and section 197 of the code but it is equally important ..... criminal proceedings and prosecution that is the rationale behind section 196 and section 197 of the crpc but it is equally important ..... application thereof the court stated the protection given under section 197 is to protect responsible public servants against the institution .....

P.K. Pradhan Vs. the State of Sikkim Represented by the Central Bureau ...

Court: Supreme Court of India

Reported in: AIR2001SC2547; 2001(2)ALD(Cri)332; 2001(2)ALT(Cri)175; (2001)3CALLT68(SC); 2001CriLJ3505; 2001(3)Crimes323(SC); JT2001(5)SC610; RLW2002(1)SC27; 2001(4)SCALE508; (2001)6SCC7

..... matajog dobey case supra and bearing in mind the legislative mandate engrafted in sub section 1 of section 197 debarring a court from taking cognizance of an offence except with previous sanction of ..... matajog dobey case supra and bearing in mind the legislative mandate engrafted in sub section 1 of section 197 debarring a court from taking cognizance of an offence except with previous sanction of .....

Rameshwar Dayal Vs. the State of Rajasthan and anr.

Court: Rajasthan

Reported in: 1991(1)WLN369

..... claim any protection of sanction under section 197 of the code criminal procedure code section 197 3 protection thereunder police constables state government extending protection of section 197 3 to police officials vide g ..... additionally charged with the maintenance of law and order also criminal procedure code section 197 applicability test whether the act was committed in discharge of official duty thereon .....

State of H.P. Vs. M.P. Gupta

Court: Supreme Court of India

Reported in: 2004(1)ALD(Cri)283; 2004(1)BLJR429; JT2003(10)SC32; 2003(10)SCALE522; (2004)2SCC349

..... cognizance of the said offences but the position is different in cases where section 197 of the code has application 18 section 197 1 provides that when any person who is or was a public ..... stage because that will cause great damage to the evidence 8 the protection given under section 197 is to protect responsible public servants against the institution of possibly vexatious criminal proceedings for .....

Jaipur Udyog Limited Vs. Commissioner of Income-tax

Court: Rajasthan

Reported in: [1985]155ITR476(Raj)

..... to the assessee can be regarded as a certificate under section 197 3 of the act section 197 3 of the act as it stood at the relevant ..... july 28 1962 is not a certificate as contemplated by sub section 3 of section 197 of the income tax act 1961 iii whether the tribunal is ..... income tax or super tax as the case may be sub section 3 of section 197 laid down that where the principal officer of a company .....

Mohd. Hadi Raja Vs. State of Bihar and anr.

Court: Supreme Court of India

Reported in: AIR1998SC1945; 1998(1)ALD(Cri)907; 1998(2)BLJR1068; [1998]93CompCas362(SC); 1998CriLJ2826; 1998(2)Crimes284(SC); 1998(2)CTC444; JT1998(3)SC507; (1999)ILLJ701SC; RLW1998(2)S

..... will be appropriate at this stage to refer to the provisions of section 197 of the code of criminal procedure section 197 prosecution of judges and public servants 1 when any person who is ..... be just and proper to bring such persons within the ambit of section 197 by liberally construing the provisions of section 197 such exercise of liberal construction will not be confined to the permissible .....

Rakesh Kumar Mishra Vs. the State of Bihar and ors.

Court: Supreme Court of India

Reported in: AIR2006SC820; 2006(1)BLJR118; 2006CriLJ808; JT2006(1)SC1; 2006(2)KLT26(SC); RLW2006(2)SC979; 2006(1)SCALE15; (2006)1SCC557

..... the position is different in cases where section 197 of the code has application 15 section 197 1 provides that when any person who ..... whether appellant entitled to have protection under section 197 of the cr pc held section 197 of cr pc provided that before taking ..... great damage to the evidence 6 the protection given under section 197 is to protect responsible public servants against the institution .....

Baijnath Gupta and ors. Vs. the State of Madhya Pradesh

Court: Supreme Court of India

Reported in: AIR1966SC220; 1966CriLJ179; 1966MhLJ129(SC); [1966]1SCR210

..... his prosecution under the up ci 65 15 provisions of s 197 of the criminal procedure code section 197 1 of the criminal procedure code states as follows 197 1 when any person who is a judge within the ..... cannot be sustained as sanction to start proceedings had not been duly obtained under section 197 of code of criminal procedure act of criminal misappropriation was not committed by appellant while .....

K. Venkataramana Reddy Vs. A. Radha and ors.

Court: Andhra Pradesh

Reported in: 1991CriLJ498

..... observed thus at pages 1844 1846 the question of sanction under section 197 can be raised and considered at any stage of the proceedings ..... duties and accordingly there was no necessity to obtain sanction under section 197 cr p c 17 in bakshish singh v gurmej kaur ..... to discharge of official duty and therefore sanction for prosecution under section 197 cr p c was necessary while arriving at that finding .....