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    <title>2005 (3) TMI 752 - Supreme Court</title>
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    <description>Sanction under Section 197 CrPC depends on a fact-sensitive inquiry into whether the alleged act has a reasonable connection with official duty and whether the public servant acted or purported to act in that capacity. The Court held that the sanction question is jurisdictional but need not be conclusively decided at the threshold in every case; it may be examined at the stage when the relevant facts are sufficiently available. In corruption-related matters, the effect of Section 19 of the Prevention of Corruption Act must also be considered. The refusal to decide sanction at the present stage was upheld, with liberty reserved to raise the plea at the appropriate stage during trial.</description>
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    <pubDate>Wed, 30 Mar 2005 00:00:00 +0530</pubDate>
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      <title>2005 (3) TMI 752 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=171474</link>
      <description>Sanction under Section 197 CrPC depends on a fact-sensitive inquiry into whether the alleged act has a reasonable connection with official duty and whether the public servant acted or purported to act in that capacity. The Court held that the sanction question is jurisdictional but need not be conclusively decided at the threshold in every case; it may be examined at the stage when the relevant facts are sufficiently available. In corruption-related matters, the effect of Section 19 of the Prevention of Corruption Act must also be considered. The refusal to decide sanction at the present stage was upheld, with liberty reserved to raise the plea at the appropriate stage during trial.</description>
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      <pubDate>Wed, 30 Mar 2005 00:00:00 +0530</pubDate>
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