Search Results for Tag : public servant
Judgments
Protection under Section 197 of the CrPC is not be available to public servant prosecuted under Section 48 of Water Act(13.07.2021)
Present appeal challenges the order passed by the High Court. Sandur Gram Panchayat, Sandur, Karnataka and the Appellant, who at the relevant time was.....
Tags : Public servants, Applicability, Provision
Statute
Lokpal and Lokayuktas (Amendment) Act, 2016(27.07.2016)
The Lokpal and Lokayuktas (Amendment) Bill, 2016 has received Presidential assent on 29th July, 2016 and has become Lokpal and Lokayuktas (Amendment).....
Tags : Public servants, Assets, Declaration, Time Limit
Lokpal and Lokayuktas (Amendment) Act, 2016(27.07.2016)
The Lokpal and Lokayuktas (Amendment) Bill, 2016 has received Presidential assent on 29th July, 2016 and has become Lokpal and Lokayuktas (Amendment).....
Tags : Public servants, Assets, Declaration, Time Limit
News
SC: Protection U/S 197 CrPC Not Available to Nationalised Bank Employee(09.08.2023)
Supreme Court has held that although a person working in a Nationalised Bank is a public servant, yet the provisions of Section 197 CrPC wouldn’t be a.....
Tags : Supreme Court, Nationalised Bank Employee, Public Servant, Section 197 CrPC
SC Says, Breach of Trust Not Connected with Official Duty(30.06.2016)
SC has said that a public servant accused of criminal breach of trust cannot claim protection of lack of sanction for prosecution as the offence is no.....
Tags : SC, public servant , criminal breach of trust
Chhattisgarh HC: Validity of Section 148 Notices Issued Between March 1 to June 30 Due to Covid Lockd(06.09.2021)
Kerala High Court has held that it was necessary to obtain sanction under Section 197 of the Code of Criminal Procedure for prosecution against public.....
Tags : Kerala High Court, Prosecution Against Public Servants
Allahabad High Court: No Need to Seek Sanction for Prosecution for Retired Public Servant(15.11.2019)
Allahabad High Court has ruled that no sanction for prosecution under the Prevention of Corruption Act, 1988 is necessary after the retirement of the .....
Tags : Allahabad High Court, Public Servant
Kar. HC: PoC Act Provides Two Fold Protection to Public Servants(11.10.2023)
Karnataka High Court has held that PoC Act has conferred a two-fold protection to public servants for offences under the Act; firstly, a prior approva.....
Tags : Karnataka High Court, Prevention of Corruption Act, Public Servant, Protection
SC: Common Man Wants to Know Truth About Allegations Against Public Servants(21.09.2022)
Supreme Court while considering BJP MP Manoj Tiwari's plea challenging High Court’s order refusing to quash summoning order in defamation case filed b.....
Tags : Supreme Court, Defamation, Public Servant
Supreme Court: Public Servant Can’t Show Gifts As Income From Legal Sources(16.02.2017)
SC has said that while it may be “legal” for public servants to accept gifts in cash and kind and later show it as part of their professional income f.....
Tags : Supreme Court, Public Servant, Gifts
Supreme Court: Public Servant Can’t Show Gifts As Income From Legal Sources(16.02.2017)
SC has said that while it may be “legal” for public servants to accept gifts in cash and kind and later show it as part of their professional income f.....
Tags : Supreme Court, Public Servant, Gifts
Del. HC: Insolvency Professional Doesn’t Fall within Meaning of “Public Servant” under the PC Act(20.12.2023)
Delhi High Court has held that Insolvency Professional does not fall within the meaning of “public servant” as prescribed in any of the clauses of sub.....
Tags : Delhi High Court, Insolvency Professional, Prevention of Corruption Act, Public Servant
Delhi HC Junks Law on Imprisonment for Disobeying Public Servants(25.01.2016)
Delhi High Court has junked a British-era criminal law designed to put agitators/protesters behind bars for long if they disobey public servants.
Tags : Delhi High Court, Law on Imprisonment for Disobeying Public Servants
SC: S. 197 CrPC not Applicable for Prosecuting Public Servant Alleged to Have Created Fake Documents(18.01.2024)
Supreme Court has held that prior sanction under section 197 of Code of Criminal Procedure for prosecuting a public servant is not required if the pub.....
Tags : Supreme Court, Fake Documents, S. 197 CrPC, Public Servant
Madras HC: Loss to State Exchequer Due to Negligence of Public Servant Must be Recovered from Him(26.12.2022)
Madras High Court has held that when a public servant is guilty of negligence and such act results in payment of statutory compensation or relief to v.....
Tags : Madras High Court, State Exchequer, Negligence, Public Servant
J&K&L HC: Documents Issued by Public Servant Are Supposed to be in Public Domain(29.12.2022)
Jammu and Kashmir and Ladakh High Court while setting aside an order directing Anti-Corruption Bureau to inquire how litigant managed to get hold of d.....
Tags : Jammu and Kashmir and Ladakh High Court, Documents, Public Servant, Public Domain
Kerala HC: Sanction Order to Contain Reasons for Sanction for Prosecution of Public Servant(29.11.2021)
Kerala High Court has observed that a sanction order should contain reasons and must also reflect the materials considered by the authority for the pu.....
Tags : Kerala High Court, Sanction for Prosecution of Public Servant
All. HC: No Sanction Needed to Prosecute Public Servant if CBI Probed Case Upon HC/SC’s Order(01.12.2022)
Allahabad High Court has held that if CBI has probed a matter upon direction of High Court or Supreme Court and has filed a charge sheet against a pub.....
Tags : Allahabad High Court, Public Servant, CBI
HP HC: Accused Must be Entrusted with Property in Capacity of Public Servant u/s 409 IPC(10.03.2022)
Himachal Pradesh High Court has held that with a view to constitute an offence under Section 409 of the Indian Penal Code, 1860, prosecution is requir.....
Tags : Himachal Pradesh High Court, Public Servant
Kerala HC: Criminal Proceedings Cannot be Initiated Against Public Servant for Passing Wrong Order(11.06.2021)
Kerala High Court has ruled that criminal proceedings cannot be initiated against a public servant under the Prevention of Corruption Act, 1988 merely.....
Tags : Kerala High Court, Criminal Proceedings Against Public Servant
Jhar. HC: Resolution Professional Under IBC Falls Within Ambit of 'Public Servant' Under POCA(07.04.2023)
Jharkhand High Court has held that Resolution Professional under Insolvency and Bankruptcy Code (IBC) will be considered a public servant under both s.....
Tags : Jharkhand High Court, Resolution Professional, Public Servant, IBC
Kerala HC: Offence of Assaulting Public Servant Will Not Attract Because Officer is in Uniform(06.05.2021)
Kerala High Court has allowed a bail petition, observing that simply because a police officer was in uniform, the offence of assaulting a public serva.....
Tags : Kerala High Court, Offence of Assaulting Public Servant
Kar. HC: For Denial of Relief by Court, Political Influence in Transfer & Posting May be the Ground(25.06.2024)
Karnataka High Court has observed that the act of public servants causing political influence in matters of transfer & posting is a matter of deprecat.....
Tags : Karnataka High Court, Political Influence, Public Servants, Constitutional Jurisdiction
Rajasthan HC: Prior Sanction of Govt. Mandatory for Initiating Inquiry Against Public Servant(13.04.2020)
Rajasthan High Court has held that investigation based on a private complaint about corruption cannot be conducted against public servants for want of.....
Tags : Rajasthan High Court, Inquiry Against Public Servant
Manipur HC: Cognizance Can't Be Taken for Offence u/s 188 IPC(08.04.2022)
Manipur High Court has held that Magistrate cannot take cognizance of a complaint which involves an offence punishable under Section 188 of the Indian.....
Tags : Manipur High Court, Magistrate, cognizance, Section 188 of the Indian Penal Code, 1860, public servant
SC: Court Can’t Take Cogni. of Offence Committed by Public Servant Without Following S. 19 of PC Act(12.07.2024)
Supreme Court has held that courts cannot take cognizance against any public servant for offences committed u/s 7,11,13 & 15 of the PC Act, 1988 even .....
Tags : Supreme Court, Public Servant, S. 319 of CrPC
P&H HC: Protective Shield of Law to be Extended to Public Servants to Enable Discharge of Duty(11.08.2020)
Punjab and Haryana High Court has observed that the "protective shield of law" has to be extended to public servants to enable them to effectively dis.....
Tags : Punjab and Haryana High Court, Public Servants, Discharge of Duty
Supreme Court: Pushing a Person to Wriggle Out Arrest Not Criminal Use of Force(13.08.2024)
SC has observed that, to establish criminal force, intentional use of force to any person without their consent to commit offence, is required but an .....
Tags : Supreme Court, S. 353 of IPC, Public Servant
Gujarat HC: Nexus Between Act and Official Duty Necessary to Claim Benefit U/S 197 CrPC(02.06.2022)
Gujarat high Court has held that if a Government servant is accused of any criminal offence, then there needs to be a reasonable connection between th.....
Tags : Gujarat High Court, CrPC, Public Servant
Bombay HC Grants Anticipatory Bail to Accused in a Case for Abusing and Threatening a Public Servant(06.06.2022)
Bombay High Court while granting anticipatory bail to accused in case for abusing and threatening public servant has held that citizens are not permit.....
Tags : Bombay High Court, Public Servant
Delhi HC: Police Post Not a Place Where Public Servants Are To Be Attacked With Fire Arms(06.06.2022)
Delhi High Court while denying bail to a man accused of attacking a Police Post and firing at the police officials from an illegal weapon has held tha.....
Tags : Delhi High Court, Police Post, Public Servants
Supreme Court: Section 197(1) of CrPC Will Apply to Cases Under PMLA(06.11.2024)
Supreme Court has held that Section 197(1) of Code of Criminal Procedure, 1973 which provides for requirement of prior sanction from Government to pro.....
Tags : Supreme Court, Section 197(1), PMLA, Public Servants
SC: Magistrate Not Required to Record Statement of Public Servant Complaint Before Summoning Accused(05.08.2021)
Supreme Court has observed that a Magistrate is not required to record statement of a public servant who filed the complaint in discharge of his offic.....
Tags : Supreme Court, Record Statement of Public Servant