News Muncher - category section 197

1 day, 6 hours ago

[S.152 BNS] Sedition Law Is A Shield For National Security, Not A Sword Against Political Dissent: Rajasthan High Court

Live Law

Rajasthan High Court has ruled that Section 152, BNS had its roots in Section 124A of the IPC and was similarly worded to the offence of sedition. “Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to …

India Court Fir Bns Section 197 197 Section 152

1 week ago

Supreme Court Weekly Round-up: December 9, 2024 To December 15, 2024

Live Law

Index Citations Kunhimuhammed @ Kunheethu v. State of Kerala 2024 LiveLaw 964 National Highways Authority of India v. G Athipathi and Others, Civil Appeal No. Case Details: Kirpal Singh v. Government of India Citation: 2024 LiveLaw 970 The Supreme Court has held that Section 14 of the Limitation Act, 1963 is applicable to the Arbitration and Conciliation Act, 1996. Case …

India Karnataka Justice Kerala Delhi Supreme Court High Court

1 week, 1 day ago

S.197 CrPC | When Can Public Servant's Offence Be Linked To Official Duties? Supreme Court Explains Principles

Live Law

In a recent decision, the Supreme Court summarised the principles relating to Section 197 of the Code of Criminal Procedure, which hold that public servants cannot be prosecuted in respect of acts done in the discharge of their official duties without sanction from the government.The judgment delivered by a bench comprising Justice JB Pardiwala and Justice Manoj Misra explained when …

Justice Supreme Court Court Public Servants Duty Discharge Official

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court

Live Law

The Supreme Court held that a police official who is accused of lodging a false case cannot claim that he cannot be prosecuted without the sanction under Section 197 of the Code of Criminal Procedure. ".it follows that when a police official is said to have lodged a false case, he cannot claim that sanction for prosecution under Section 197 …

Supreme Court Court Public Servants Sanction Case Official Public

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court

Live Law

The Supreme Court emphasized that courts should avoid prematurely staying or quashing criminal trials, as this could harm the evidence that needs to be presented during the trial. “Courts must avoid the premature staying or quashing of criminal trials at the preliminary stage since such a measure may cause great damage to the evidence that may have to be adduced …

Supreme Court Court Case Public Adv Servant Criminal Trials

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court

Live Law

The Supreme Court emphasized that courts should avoid prematurely staying or quashing criminal trials, as this could harm the evidence that needs to be presented during the trial. “Courts must avoid the premature staying or quashing of criminal trials at the preliminary stage since such a measure may cause great damage to the evidence that may have to be adduced …

Supreme Court Court Case Public Servant Criminal Trials Singh Adv

1 week, 4 days ago

S. 197 CrPC | Sanction For Prosecution Needed When Alleged Offence Was Connected To Discharge Of Official Duties : Supreme Court

Live Law

The Supreme Court recently quashed a criminal case and summoning order against a District Town Planner, ruling that no prior sanction under Section 197 of the Cr.P.C. The bench comprising Justices BV Nagarathna and N Kotiswar Singh heard the criminal appeal filed by one Gurmeet Kaur, a District Town Planner against the High Court's refusal to quash the criminal case …

Court Sanction Demolition Official Duties Official Duties Crpc

1 week, 4 days ago

Public Servant Exceeding Powers While Performing Official Duties Would Be Protected U/S 197 CrPC: J&K High Court

Live Law

The Jammu and Kashmir and Ladakh High Court has ruled that Section 197 of the Code of Criminal Procedure provides protection not only for acts performed by public servants in the discharge of their official duties but also for those done in the purported discharge of such duties. Justice Sanjay Dhar, while quashing an order directing the registration of an …

Court Public Servants Discharge Order Official Public Jammu

3 months, 1 week ago

Officers Appointed To Assess Electricity Theft Are 'Public Servants', Court Can't Issue Process Against Them Without Sanction U/S 197 CrPC: Bombay HC

Live Law

The Aurangabad Bench of the Bombay High Court has observed that the officers appointed by a government authority to detect and assess theft of electricity under the Electricity Act, 2003 are 'public servants' under Section 169 of the Act and thus a previous sanction of a concerned authority as provided in Section 197 CrPC is necessary before issuing process against …

Court Theft Electricity Public Servants Sanction Order Process

9 months, 1 week ago

Services Provided By Irish Company To Its Indian Counterpart Not Technical Services: Delhi High Court Quashes Order Denying Nil/Lower TDS certificate

Live Law

The Delhi High Court has quashed the order denying Nil or lower TDS certificates and held that the services provided by the assessee, Irish Company, to its Indian counterpart were not technical services.The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that though the power to grant a TDS certificate was merely a preliminary examination of …

India Court Services Indian Software Technical Respondent

11 months ago

S.197 CrPC Applies Only To Acts In Discharge Of Public Servant's Official Duties; Fabrication Of Documents Not Part Of Official Duty: Supreme Court

Live Law

The Supreme Court on Wednesday, while deciding a criminal appeal, held that the prior sanction for prosecution as per Section 197 of the Code of Criminal Procedure is not required to prosecute a public servant for the act of creating fake documents as the alleged acts do not form a part of his official duty. In this case, the High …

Supreme Court Criminal Duty Official Public Official Duties Court Judgment

11 months, 2 weeks ago

Supreme Court Annual Digest 2023-Code Of Criminal Procedure (CrPC)

Live Law

Code of Criminal Procedure, 1973 Code of Criminal Procedure, 1973 - Curtailment of 15 days of police custody by any extraneous circumstances, act of God, an order of Court not being the handy work of investigating agency would not act as a restriction. 2023 LiveLaw 396 Section 156 - Police officer's power to investigate cognizable case Code of Criminal Procedure …

Supreme Court High Court Constitution Procedure Criminal Police Custody Criminal Procedure

1 year, 1 month ago

Delhi High Court Quashes Non-Speaking Order Rejecting The Grant Of An LDC Permitting Deduction Of 0.01% TDS

Live Law

The Delhi High Court has quashed the non-speaking order rejecting the grant of a lower deduction of tax certificate permitting the deduction of 0.01% TDS.The bench of Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela has observed that the reasons furnished by the Respondent/department qua the Application i.e., as to why the Petitioners’ request that TDS should not. …

Tax Delhi High Court Income Respondent Deduction Tds Petitioner

1 year, 3 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statutte Wise Index [August 7 – 13, 2023]

Live Law

Citations: 2023 LiveLaw 609 To 2023 LiveLaw 638 SUBJECT WISE INDEX Abkari Act Person receiving information of crime or detecting the occurrence can investigate it. V. Senthil Balaji v. State, 2023 LiveLaw 611 : 2023 INSC 677 ESI Electronics shop repairing & servicing electrical goods is a “factory” under ESI act. V. Senthil Balaji v. State, 2023 LiveLaw 611 : …

India Kerala Delhi Supreme Court Constitution Court Gujarat

1 year, 4 months ago

Supreme Court Weekly Round-Up [Aug 7-13]

Live Law

Judgments/Orders Central Civil Service Rules | Retired Employee Can Be Appointed As Inquiry Authority In Disciplinary Proceedings: Supreme Court Case title: Union of India v. Jagdish Chandra Sethy Citation: 2023 LiveLaw 609 The Supreme Court recently held that the disciplinary authority under the Central Civil Service Rules is empowered to appoint a retired employee as an inquiry authority. Habeas Corpus …

India Justice Tamil Nadu Delhi Supreme Court Writ Petition Constitution

1 year, 4 months ago

Kerala High Court Quashes Proceedings Against Aster Medcity, Doctors Accused Of Flouting Organ Transplantation Protocol

Live Law

The Kerala High Court on Tuesday quashed the criminal proceedings against Aster Medcity and nine doctors who had been accused of violating the provisions of the Transplantation of Human Organs and Tissues Act, 1994.Justice Ziyad Rahman A.A. passed the order. The Kerala High Court on Tuesday quashed the criminal proceedings against Aster Medcity and nine doctors who had been accused …

Death Court Brain Case Doctors Transplantation Medical Professionals

1 year, 8 months ago

Uphaar Fire Tragedy: Supreme Court Quashes Proceedings Against Former IPS Officer Amod Kanth For Not Obtaining Sanction Under S 197 CrPC

Live Law

The Supreme Court on Thursday ruled in favour of the ex IPS officer Amod Kumar Kanth in the connection with a case pertaining to the Uphaar fire tragedy which happened in 1996. The Court has set aside the Magistrate’s order taking cognisance of a complaint against Kanth, who allegedly did not take action against “extra seats” in the Uphaar theatre …

Court Sanction Cbi Singh Officer Exit Bench

1 year, 11 months ago

'Court Does Not Find It Offensive': Orissa High Court On Veterinarian's Statement About Demand Of Indian Cow Meat Abroad

Live Law

The Orissa High Court has upheld a magistrate's ruling wherein it was held that the then Chief District Veterinary Officer, Koraput had not committed any offence under Section 505 IPC by speaking about the demand of meat of Indian cows and bulls outside. The Sessions Court order was challenged before high court by Santanu Kumar Takri, who was accused of …

High Court Indian Speech Ipc Decision Court Order Offence

2 years, 1 month 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

2 years, 3 months ago

Sanction For Prosecution U/S 197 CrPC Can Be Postponed To Later Stage Unless Acts Complained Of Intricately Connected To Official Function: Delhi HC

Live Law

The Delhi High Court has observed that there is no legal bar to always postpone the requirement of sanction at a later stage of proceedings. If the acts complained of have a connection with the official duty, provision of Section 197 CrPC is attracted for obtaining sanction immediately at the time of taking cognizance.Justice Purushaindra Kumar Kaurav observed:"….there is no …

Court Duty Sanction Discharge Accused Official Public

2 years, 4 months ago

Karnataka High Court Directs Income Tax Department To Issue A 'Nil Tax Deduction At Source' Certificate To Flipkart For Reimbursements Made To Walmart

Live Law

The Karnataka High Courthas directed the Income Tax Department to issue a 'Nil Tax Deduction at Source' Certificate to Flipkart under Section 195 of the Income Tax Act, 1961, with respect to the reimbursements made by it to Walmart Inc. Walmart had seconded employees to Flipkart in terms of a Master Service Agreement. Walmart Inc. raised invoices for the said …

India Karnataka Tax Court Services Employees Income Tax

2 years, 6 months ago

Reasonable Connection Between Concerned Act & Performance Of Official Duty Necessary For Public Servant To Avail Benefit Of S.197 CrPC: Gujarat HC

Live Law

The Gujarat High Court has reiterated that when a government servant is accused of a criminal offence, there has to be a reasonable connection between the act concerned and the performance of his official duty for him to claim that there is need of sanction to prosecute under Section 197 of CrPC. Significantly, to address the contentions of the Applicant …

Assembly Court Public Servant State High Public Complainant

3 years, 2 months ago

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court

Live Law

The Kerala High Court has ruled that sanction stipulated under Section 197 Code of Criminal Procedure is not necessary to prosecute police officers in cases of police brutality since such acts are not related in any manner to the discharge of their official duties.Justice Mary Joseph remarked:".the accused can only be taken to have exercised their authority for committing some …

Court Kerala High Court Sanction Discharge State Accused Official

3 years, 3 months ago

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates

Live Law

The Kerala High Court on Wednesday held that it was necessary to obtain sanction under Section 197 of the Code of Criminal Procedure for prosecution against public servants, and that cognizance of the offences taken against them without such sanction was bad in law. Accordingly, reliance was placed on Amrik Singh v. State of Pepsu where it was held as …

Court Public Servants Sanction Order Accused Held Committee

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Articles for Section 197

[S.152 BNS] Sedition Law Is A Shield For National Security, Not A Sword Against Political Dissent: Rajasthan High Court

Supreme Court Weekly Round-up: December 9, 2024 To December 15, 2024

S.197 CrPC | When Can Public Servant's Offence Be Linked To Official Duties? Supreme Court Explains Principles

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court

Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court

S. 197 CrPC | Sanction For Prosecution Needed When Alleged Offence Was Connected To Discharge Of Official Duties : Supreme Court

Public Servant Exceeding Powers While Performing Official Duties Would Be Protected U/S 197 CrPC: J&K High Court

Officers Appointed To Assess Electricity Theft Are 'Public Servants', Court Can't Issue Process Against Them Without Sanction U/S 197 CrPC: Bombay HC

Services Provided By Irish Company To Its Indian Counterpart Not Technical Services: Delhi High Court Quashes Order Denying Nil/Lower TDS certificate

S.197 CrPC Applies Only To Acts In Discharge Of Public Servant's Official Duties; Fabrication Of Documents Not Part Of Official Duty: Supreme Court

Supreme Court Annual Digest 2023-Code Of Criminal Procedure (CrPC)

Delhi High Court Quashes Non-Speaking Order Rejecting The Grant Of An LDC Permitting Deduction Of 0.01% TDS

Supreme Court Weekly Digest With Nominal And Subject/Statutte Wise Index [August 7 – 13, 2023]

Supreme Court Weekly Round-Up [Aug 7-13]

Kerala High Court Quashes Proceedings Against Aster Medcity, Doctors Accused Of Flouting Organ Transplantation Protocol

Uphaar Fire Tragedy: Supreme Court Quashes Proceedings Against Former IPS Officer Amod Kanth For Not Obtaining Sanction Under S 197 CrPC

'Court Does Not Find It Offensive': Orissa High Court On Veterinarian's Statement About Demand Of Indian Cow Meat Abroad

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

Sanction For Prosecution U/S 197 CrPC Can Be Postponed To Later Stage Unless Acts Complained Of Intricately Connected To Official Function: Delhi HC

Karnataka High Court Directs Income Tax Department To Issue A 'Nil Tax Deduction At Source' Certificate To Flipkart For Reimbursements Made To Walmart

Reasonable Connection Between Concerned Act & Performance Of Official Duty Necessary For Public Servant To Avail Benefit Of S.197 CrPC: Gujarat HC

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates