Section 197 - Judgment Search Results

Nani Gopal Bhattacharjee Vs. S. Choudhury and ors.

Court: Guwahati

..... 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 ..... he was not removable from office without the sanction of the state government sanction under section 197 crpc was a must for prosecuting him the learned trial judge after hearing both sides .....

Bismilla Idrisi Vs. State of U.P. and ors.

Court: Allahabad

Reported in: 2001CriLJ331

..... state government occurring therein the expression central government 4 sub section 1 of section 197 cr p c clearly indicates that the prosecution against a ..... act of the applicant is squarely covered by the provision of section 197 cr p c for ready reference the provision is being ..... in order to avoid adverse consequences and claim the benefit of section 197 cr p c it is incumbent upon the applicant to .....

Sanjeeb Kumar Marik Vs. Bal Gopal Mishra and Another

Court: Orissa

Reported in: 91(2001)CLT411; 2001(I)OLR260

..... duty when the occurrence had taken place 7 the object of section 197 cr p c is to guard against vexatious proceedings against servants ..... which directly or reasonably connects with his official duty protection of section 197 does not extend to acts done purely in a private capacity ..... from his duties accordingly it was held that prior sanction under section 197 cr p c was necessary 8 a bare perusal of the .....

Aher Pola Parbat Barad Vs. Chituri Sahib, Asstt. S.P., Veraval and ors ...

Court: Gujarat

Reported in: (2001)3GLR2054

..... accused persons without the previous sanction in absence of the previous sanction as envisaged under section 197 1 cr p c the complaint was not maintainable feeling aggrieved the complainant has preferred ..... complaint against the accused was not maintainable except without the previous sanction as envisaged under section 197 1 cr p c 3 in view of above discussion the revision application is dismissed .....

State of Punjab Vs. Vinod Kumar

Court: Supreme Court of India

Reported in: 2000(2)ALD(Cri)819; 2001CriLJ4938; JT2000(7)SC510

..... judicial magistrate of ludhiana 2 the state government shall accord necessary sanction as provided under section 197 of the code of criminal procedure without any delay when asked by the central bureau ..... by the learned single judge that state government shall accord necessary sanction as provided under section 197 of the code we chose to interpret and understand the said direction as this state .....

Voltas Ltd. Vs. Ito

Court: Income Tax Appellate Tribunal ITAT Hyderabad

Reported in: (2001)71TTJ(Hyd.)54

..... 1993 issued by the income tax department to the payee under section 197 and that tds was not required to be deducted even ..... he contended that circular no 774 clearly says that certificate under section 197 should not be acted upon if submitted after credit payment ..... is prospective in operation and by implication the certificates issued under section 197 in the past shall have effect even if this has .....

Peerzada Ghulam Ahmed Shah Vs. Shri D.K. Kapoor, Dy Registrar (Rules) ...

Court: Jammu and Kashmir

Reported in: 2003(3)JKJ329

..... court could not take cognizance in the absence of sanction under section 197 cr p c and two that the complaint does not disclose ..... entitled to the immunity from criminal proceedings without sanction provided under section 197 cr p c it is not necessary for us to multiply ..... letter the proceedings cannot continue in the absence of sanction under section 197 cr p c besides the statements of pws sh d k .....

Digvijay Singh and ors. Vs. Arvind Singh Bhadoriya

Court: Madhya Pradesh

Reported in: 2000(4)MPHT474

..... may have over stepped his functions under the circumstances sanction under section 197 cr p c is necessary before cognizance is taken against ..... remove and to beat the respondent and therefore the sanction under section 197 cr p c is not necessary 20 having given thoughtful ..... taken against him the respondent will have to obtain sanction under section 197 cr p c from the authorities 22 for the reasons .....

Gopa Bariha Vs. Republic of India

Court: Orissa

Reported in: 2000CriLJ3591

..... competent authority the accused appellant being a public servant as contemplated under section 197 cr p c so far as the findings of facts are ..... of the learned counsel that in absence of a sanction under section 197 cr p c the learned court below could not have taken ..... the ques tion arises as to whether sanction as contemplated under section 197 cr p c was necessary to be obtained and in absence .....

Essar Oil Ltd. Vs. Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Rajkot

Reported in: (2001)77ITD92(Rajkot.)

..... year he ought to have held that certificate issued under section 197 1 applies to whole assessment year retrospectively 2 the assessee ..... assessee submitted that the contractor epl submitted a certificate under section 197 1 of the act issued by the assessing officer of ..... contractor also submitted a certificate dated 9 9 1997 under section 197 authorising deduction at 1 during financial year 1997 98 .....