Sanction

Held, it was not sense of duty or province of Court to supplement or substitute its judgment against collective wisdom and intellect of shareholders of companies involved; it was the duty of Court to find out and perceive whether all provisions of law and directions of Court had been complied with

When the scheme seemed like in the interest of the company as well as in that of its creditors, it should be given effect to

Court would not question commercial wisdom of the scheme

Where scheme was patently fraudulent, Court should not respond or function as mere rubber stamp or post office but reject the scheme

Petitioners, in the present case, had complied with all statutory touchstones and the scheme was exhilarated and fortified by indispensable majority

Report/minutes of meetings discernably communicated that the manuscript of scheme was tabled to voters at meetings for approval

High Court sanctioned the scheme of arrangement as the scheme was not violative of any provision of law

Petition was allowed in circumstances.

Sanction Sanction-Condition precedent to institution of proceedings-Government's absolute discretion to grant or withhold-Sanctioning authority must apply its mind to facts and 'circumstances of case-Charge 'ultimately framed, whether must 'follow terms of sanction-Sanction relates to facts, not to provisions of law.

Sanction -Several offences, of which one requires sanction -Sanction not obtained-Court may proceed with trial of other offences.

Two offences : one not cognizable being without sanction-Magistrate whether precluded from trying other offence as well-Test for determining when sanction necessary -Pakistan (Administration of Evacuee Property) Ordinance (X V of 1949), Ss. 24, 32-Pakistan Penal Code (XLV of 1860), Ss. 420 & 408.

Sanction -Misdescription of designation by officer while giving sanction-Immaterial. The same officer was Collector and Deputy Commissioner of the District. The document embodying sanction to a prosecution under subsection (2) of section 5 of Act 11 of 1947, described the officer as Deputy Commissioner instead of as the Collector.

Sanction Sanction-Want of, in respect of one of several offences charged-Does not vitiate trial in respect of other offences not requiring sanction

Criminal Procedure Code (V of 1898), Ss. 233 and 530 (p). The respondent was charged under section 161, P. P. C. read with section 3 of the Prevention of Corruption Act (II of 1947) as well as under section 221 P. P. C. and convicted. On appeal the Sessions judge, acquitted the respondent for want of proper sanction in respect of the offence under section 161 P: .P. C. without specifically adverting to the other offence viz., that under section 221, P. P. C.

There is a presumption that officer-granting sanction applied his mind to all relevant facts; of case unless circumstances show otherwise.

S. 47-Sanction-Proof of -By person acquainted with signature of sanctioning officer in ordinary course of business, though he had never seen him write or sign.

Findings on merits would be without jurisdiction.

Sanction Required to be under S. S (S) of Pakistan Criminal Lam Amendment Act (XIX of 1948), stated to be under S. 197, Cr. P. C.

Effect.

Sanction Objections as to validity or sufficiency of-Not open to defence to take one ground in trial Court and to raise completely different objection before Federal Court-Cancellation of earlier sanction and substitution by another-Operative effect of earlier not to affect jurisdiction assumed under it-Case not to be considered withdrawn by mere withdrawing of sanction.

Accused acquitted of one charge but re-trial ordered as to second charge-Earlier certificate, held, sufficient for second trial-(Malaya Case.)

Sanction-Certificate of Public Prosecutor necessary-Certificate signed by such Public Prosecutor "for Solicitor-General"-Certificate not invalid.

S. 197-Sanction -"In discharge of official duty"-Scope-Test. "A public servant can only be said to act or purport to act in the discharge of his official duty, if the act is such as to lie within the scope of his official duty. Thus a Judge neither acts nor purports to act as a Judge in receiving a bribe, though the judgment which he delivers may be such an act : nor does a Government medical officer act or purport to act as a public servant in picking the pocket of a patient whom he is examining, though the examination itself may be such an act. The test may well be, whether the public servant, if challenged, can reasonably claim that what he does, he does in virtue of his office."