Articles for Pc Act

Can CBI Probe Into Fraud In Company When SFIO Investigation Is Pending? Supreme Court Reserves Judgement
2 days, 19 hours ago

Can CBI Probe Into Fraud In Company When SFIO Investigation Is Pending? Supreme Court Reserves Judgement

Live Law  

The Supreme Court today reserved its judgment on the issue of whether the Central Bureau of Investigation can conduct investigation with respect to fraud in a company when the Serious Fraud Investigating Officer is already investigating the matter. "What the enactment does is, it creates a specific unit for the companies Act because sometimes they find that the police officers …

Fraud Investigation Court Companies Case Company Cbi
Karnataka High Court Issues Notice On CM Siddaramaiah's Appeal Against Order Upholding Governor's Sanction To Prosecute In MUDA Case
1 month ago

Karnataka High Court Issues Notice On CM Siddaramaiah's Appeal Against Order Upholding Governor's Sanction To Prosecute In MUDA Case

Live Law  

The Karnataka High Court on Thursday issued notice to the state government and other respondents in an appeal by Chief Minister Siddaramaiah challenging the single judge's order which had upheld Governor Thaawarchand Gehlot's decision granting sanction to investigate him in the alleged Mysore Urban Development Authority scam.The CM submitted before the court that Section. The Karnataka High Court on Thursday …

Karnataka Appeal Court Sanction Order Judge Notice
Can CBI & SFIO Hold Simultaneous Investigations Into Offences Arising Out Of Same FIR? Supreme Court To Consider
1 month, 3 weeks ago

Can CBI & SFIO Hold Simultaneous Investigations Into Offences Arising Out Of Same FIR? Supreme Court To Consider

Live Law  

The Supreme Court is scheduled to consider the issue whether both Central Bureau of Investigation and Serious Fraud Investigating Officer can hold parallel investigations into offences arising out of the same FIR. The issue arose before the bench of CJI Sanjiv Khanna and Justice Sanjay Kumar which was hearing the challenge by CBI against the order of the Karnataka High …

Supreme Court Investigation Court Companies Ipc Cbi Fir
Karnataka Cabinet recommends ‘quick decision’ by Governor on pending sanction for prosecution against four senior NDA leaders
4 months, 2 weeks ago

Karnataka Cabinet recommends ‘quick decision’ by Governor on pending sanction for prosecution against four senior NDA leaders

The Hindu  

In its continued tug-of-war with Governor Thaawarchand Gehlot, the State Cabinet on Thursday recommended a “quick decision” on the matter of pending sanction for prosecution against four senior leaders of National Democratic Alliance, including Union Minister for Heavy Industries and Steel H.D. In what is being seen as a counter strategy of the Siddaramaiah-led Congress government, after the Governor gave …

Minister Cabinet Nda Governor Pending Pc Act
[PC Act] Mere Negligence In Giving Legal Advice Sans Moral Delinquency Not Professional Misconduct: Kerala High Court Reiterates
10 months, 2 weeks ago

[PC Act] Mere Negligence In Giving Legal Advice Sans Moral Delinquency Not Professional Misconduct: Kerala High Court Reiterates

Live Law  

The Kerala High Court has reiterated that mere negligence unaccompanied by moral delinquency on the part of a legal practitioner during the profession would not amount to professional misconduct warranting conviction. While setting aside the order of the Special Judge and allowing the discharge, Justice K Babu stated thus: “While considering the question of negligence on the part of a …

Legal Court Case Charges Judge Accused Ipc
Assam PSC Recruitment Scam: Gauhati High Court Grants Bail To Suspended ACS Officer Citing Non-Compliance Of S.41A CrPC
10 months, 3 weeks ago

Assam PSC Recruitment Scam: Gauhati High Court Grants Bail To Suspended ACS Officer Citing Non-Compliance Of S.41A CrPC

Live Law  

The Gauhati High Court on Saturday granted bail to suspended ACS officer Rakesh Das, accused of using illegal means to increase his marks by inserting fake answer script in Combine Competitive Examination 2013, conducted by Assam Public Service Commission. The single judge bench of Justice Robin Phukan observed that in the present case, the provision of Section 41A of CrPC …

Supreme Court Court Bail Case Accused Ipc Act
Chandrababu Naidu Case : Why Supreme Court Judges Differed On Retrospective Application Of Section 17A Prevention Of Corruption Act?
11 months, 3 weeks ago

Chandrababu Naidu Case : Why Supreme Court Judges Differed On Retrospective Application Of Section 17A Prevention Of Corruption Act?

Live Law  

In the petition filed by former Andhra Pradesh Chief Minister Chandrababu Naidu, the Supreme Court has delivered a split verdict on the retrospective application of Section 17A of the Prevention of Corruption Act, 1988 to offences which existed before the 2018 amendment, which inserted Section 17A. Section 17A was introduced by an amendment with effect from July 26, 2018, and …

Investigation 2018 Bose Case Retrospective Application State Amendment
Chandrababu Naidu's Plea : Will Remand Order Be Valid If PC Act Offences Go Due To Lack Of Sec 17A Sanction? Supreme Court Asks AP CID
1 year, 3 months ago

Chandrababu Naidu's Plea : Will Remand Order Be Valid If PC Act Offences Go Due To Lack Of Sec 17A Sanction? Supreme Court Asks AP CID

Live Law  

The Supreme Court on Tuesday, while hearing former Andhra Pradesh Chief Minister N Chandrababu Naidu's plea, asked the Andhra Pradesh Crime Investigation Department whether the order of a special court remanding the legislator to custody would be valid even if the offences under the Prevention of Corruption Act do not survive or are dropped on grounds of non-compliance with the …

Corruption Supreme Court Court Prevention Criminal Procedure Order Case
[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
1 year, 10 months ago

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court

Live Law  

The Kerala High Court on Friday reiterated that the requirement of sanction under section 19 of the Prevention of Corruption Act is a prerequisite for presenting private complaint against a public servant alleging the commission of an offence specified in sections 7, 11, 13 and 15 of the Act, for investigation.The Single Judge Bench of Justice Kauser Edappagath, held that …

Investigation Court Public Servant Kerala High Court Sanction Public Offence
Anti-graft law: After Khemka, Sanjeev Verma booked under PC Act without prior approval
1 year, 11 months ago

Anti-graft law: After Khemka, Sanjeev Verma booked under PC Act without prior approval

Hindustan Times  

In contravention of the law, the Haryana Police have belatedly invoked provisions of the Prevention of Corruption Act in an April 2022 caseregistered against Haryana IAS officer Sanjeev Verma in Panchkula, without seeking prior approval of the state government. Anti-graft law: After Khemka, Sanjeev Verma booked under PC Act without prior approval Initially, Verma was booked under provisions of the …

Law Panchkula Public Fir Officer Act Verma
[Section 197 CrPC] Court May Direct Authority To Take Sanction And Then Proceed, Instead Of Quashing Entire Proceedings: Delhi HC
2 years, 2 months ago

[Section 197 CrPC] Court May Direct Authority To Take Sanction And Then Proceed, Instead Of Quashing Entire Proceedings: Delhi HC

Live Law  

Observing that closure of proceedings at an initial stage has not been appreciated, the Delhi High Court has said that even if it is found that the proceedings are vitiated in the absence of sanction under Section 197 CrPC, then court may direct the authority to take sanction and then proceed, instead of completely quashing the entire proceedings. Justice Yogesh …

Court Sanction Case Proceedings Act Taken Stage
Four Months Time Limit U/Sec 19 PC Act To Decide A 'Sanction Request' Mandatory ; But Criminal Proceedings Cannot Be Quashed For Delay : Supreme Court
2 years, 2 months ago

Four Months Time Limit U/Sec 19 PC Act To Decide A 'Sanction Request' Mandatory ; But Criminal Proceedings Cannot Be Quashed For Delay : Supreme Court

Live Law  

The Supreme Court held that, the period of three months under Section 19 of the Prevention of Corruption Act for the Appointing Authority to decide upon a request for sanction is mandatory.However, the consequence of non-compliance with this mandatory requirement shall not be quashing of the criminal proceeding for that very reason, the. The Supreme Court held that, the period …

Action Court Sanction Three Months Period Months Request
Prevention of Corruption Act is applicable to KMF employees, says HC
2 years, 5 months ago

Prevention of Corruption Act is applicable to KMF employees, says HC

The Hindu  

Stating that an employee of the Karnataka Cooperative Milk Producers’ Federation Limited comes under the definition of ‘public servant’ of the Prevention of Corruption Act, 1988, the High Court of Karnataka has declined to quash a disproportionate assets case registered against a general manager of KMF. It was contended on behalf of the petitioner that PC Act is not applicable …

Public Servant Public Kmf Pc Act
Former Haryana CM Om Prakash Chautala Moves Delhi High Court Challenging Conviction, 4 Yrs Sentence In Disproportionate Assets Case
2 years, 6 months ago

Former Haryana CM Om Prakash Chautala Moves Delhi High Court Challenging Conviction, 4 Yrs Sentence In Disproportionate Assets Case

Live Law  

Former Chief Minister of Haryana, Om Prakash Chautala, has moved the Delhi High Court challenging a Trial Court order which had convicted and sentenced him to 4 years imprisonment in connection with a disproportionate assets case.On May 27 this year, Special Judge Vikas Dhull had convicted Chautala for the offence under Section 13 of the Prevention of Corruption Act, 1988. …

Court Assets Disproportionate Assets Haryana Trial Court Delhi High Court Case
100 Significant Bombay High Court Judgments Of 2021 In Civil, Constitutional And Criminal Law
3 years ago

100 Significant Bombay High Court Judgments Of 2021 In Civil, Constitutional And Criminal Law

Live Law  

As the year comes to an end Live Law brings to you a News Digest of 100 Significant Cases from the Bombay High Court in Civil, Constitutional and Criminal Law 1. Pressing Breasts Without Disrobing Not "Sexual Assault" As Per POCSO Act But Offence Under Sec 354 IPC: Bombay High Court A single bench of Justice Pushpa Ganediwala held that …

Law India Home Justice Mumbai Goa Sexual Assault
Corruption-Why Only Simple Imprisonment To Public Servants When PC Act Does Not Specify Description? Supreme Court
3 years, 9 months ago

Corruption-Why Only Simple Imprisonment To Public Servants When PC Act Does Not Specify Description? Supreme Court

Live Law  

The Supreme Court on Friday expressed the opinion that corruption matters must be dealt with strictly and the convicted public servants need not necessarily be awarded simple imprisonment, particularly because the Prevention of Corruption Act, 1988 does not specify this description.The bench of Justices D. Y. Chandrachud and M. R. Shah was hearing an SLP against a September, 2020 decision …

Corruption Supreme Court Court Public Servants Public Servant Public Act
Madras High Court Panel Questions Validity Of Supreme Court Order Setting Up Special Courts For MPs/MLAs
4 years, 2 months ago

Madras High Court Panel Questions Validity Of Supreme Court Order Setting Up Special Courts For MPs/MLAs

Live Law  

The legal validity of establishing Special Courts for trial of MPs and MLAs has been questioned by the Criminal Rules Committee, comprising of three Judges from the Madras High Court. The Committee noted that the Supreme Court fell in error by ordering that a Central Scheme may be prepared for setting up of Courts, exclusively to deal with criminal cases …

Trial Court Criminal Cases Criminal Cases Courts Order
Repealed PC Act proviso: CBI court may have to wait for SC to adjudicate
4 years, 9 months ago

Repealed PC Act proviso: CBI court may have to wait for SC to adjudicate

Hindustan Times  

The Supreme Court will adjudicate the contentious issue of legitimacy of the repealed Section 13 of the Prevention of Corruption Act invoked in numerous criminal cases including land-related matters involving former Haryana chief minister Bhupinder Singh Hooda and several former civil servants as accused. HT Image A special CBI court in Panchkula hearing charges in the Manesar land release case …

Court Cbi Act Pc Act Section 13
Manesar land release case: CBI court to decide on legitimacy of repealed provision of PC Act
4 years, 9 months ago

Manesar land release case: CBI court to decide on legitimacy of repealed provision of PC Act

Hindustan Times  

The special CBI court in Panchkula hearing the Manesar land release case will have an important issue to adjudicate before it moves on to frame charges against the accused in the case. HT Image The CBI which investigated the land matter had presented in February 2018 a chargesheet against former chief minister Bhupinder Singh Hooda and his aides before the …

Court Haryana Case Cbi Cbi Court Act Parliament
CBI vs CBI: Major relief for bribery-accused Rakesh Asthana, court accepts clean chit
4 years, 10 months ago

CBI vs CBI: Major relief for bribery-accused Rakesh Asthana, court accepts clean chit

Hindustan Times  

The CBI special court at Rouse Avenue Complex on Saturday accepted the central investigation agency’s clean chit to former special director Rakesh Asthana and DSP Devender Kumar, while taking cognizance of the CBI’s chargesheet against Manoj Prasad. Special CBI Judge Sanjeev Aggarwal said in his order there wasn’t sufficient material against public servants - Rakesh Asthana and Devender Kumar. Former …

Criminal Conspiracy Manoj Cbi Fir Act Kumar Dubai
Sanction To Investigate Public Servant: When The Act Is Ex-facie Criminal, Approval Under Section 17A of PC Act Not Necessary, Rules Delhi HC
5 years, 11 months ago

Sanction To Investigate Public Servant: When The Act Is Ex-facie Criminal, Approval Under Section 17A of PC Act Not Necessary, Rules Delhi HC

Live Law  

Delhi High Court has recently ruled that when the act of a public servant is ex-facie criminal or constitutes an offence, prior approval of the Government as mandated under Section 17A of Prevention of Corruption Act would not be necessary.Justice Najmi Waziri was hearing petitions filed by CBI Officers Rakesh Asthana And Devender Kumar for quashing the FIR registered by …

Public Servants Public Servant Discharge Official Public Cbi Fir