Sanction to prosecute
Sanction to prosecute legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Not maintainable without prior sanction of Government-West Pakistan Industrial Disputes Ordinance (IV of 1968), Ss. 355 & 37.
S. 197-Public servant-Sanction to prosecute-Expression "any public servant who is not removable from his office save by or with the sanction of the Central Government or of the Provincial Government"-Does not include public servants whom some lower authority has by law or rule been empowered to remove-Accused public servants removable without sanction of Central Government-Held, no sanction necessary for their prosecution-[Zaheer Ali v. The State P L D 1965 Kar. 180 ; H. A. M. Newbould v. Emperor A I R 1936 Lah. 781; In re : Abdul Khadir Saheb A I R 1917 Mad. 334 and Kyaw Htin v. Ah Yoo A I R 1934 Rang. 238 dissented from].
Sanction to prosecute Sanction to prosecute-Affects jurisdiction of Court.
Order of sanction, besides specifying name of accused, mentioning that sanction was granted as from reports available there were sufficient materials to suggest" commission of offence-Sanction, held, proper-Prevention of Corruption Act (II of 1947), S. 6.
Case withdrawn under S. 494, Cr. P. C. for want of sanction-Sanction later can be accorded on basis of old records-Fresh investigation and fresh report not necessary-Objection as to validity of sanction-To be raised at earliest opportunity.
To be taken at earliest moment.
"Sanction to prosecute", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/22093
Precedents & Case Laws citing "Sanction to prosecute"
P L D 1992 Karachi 155
AJMAL AQEEL ‑‑‑ Applicant Versus THE STATE‑‑Respondent
Court:1990 P Cr
RASHID AHMAD — Applicant Versus THE STATE — Respondent
Court: Lahore1988 P Cr
LATAFAT HUSSAIN GHORI — Appellant Versus THE STATE — Respondent
Court: KarachiP L D 1993 Karachi 375
ALI AHMED ‑‑‑ Appellant Versus THE STATE ‑‑‑ Respondent
Court:P L D 1962 Dacca 623
ABDUL AWAL‑Appellant Versus THE STATE‑Respondent
Court:P L D 1954 Lahore 37
TUFAIL MUHAMMAD‑Convict‑Petitioner Versus THE CROWN‑Respondent
Court:1995 P Cr
MUHAMMAD AKRAM SAJJAD — Appellant Versus THE STATE — Respondent
Court: Lahore1977 S C M R 482
MUHAMMAD ABBAS‑Petitioner Versus THE STATE‑Respondent
Court: ‑‑‑Art. 188‑‑Review‑Sanction to prosecute‑Contrary view appearing to have been taken in (no case as against others on question of applicability of bar to prosecution due to lack of sanction for prosecution and leave to appeal granted in some cases to consider such question‑Some conflict existing on question, review petition asked to be put up for hearing alongwith such other appeals and sentence being a short one for only nine months, petitioner released on bail in meantime‑‑‑Penal Code XLV of 1860), S. 161 read with Prevention of Corruption Act (II of 1347), S. 5(2).‑Review‑Sanction for prosecution.1988 P Cr
TAZEEM HUSSAIN‑‑Petitioner Versus THE STATE‑‑Respondent
Court: Lahore