Supreme Court · 2007 INSC 721 · Decided 21 June 2007
State of Madhya Pradesh & ANR. v. Bachha Lal & ANR.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 721 · [2007] 7 S.C.R. 1169
- Case number
- CIVIL APPEAL No. 2904/2007
- Decided
- 21 June 2007
- Bench
- ARIJIT PASAYAT, ALTAMAS KABIR (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Civil
- Acts & sections cited
- IPC Section 353; CrPC Section 197; CPC
Headnote
M.P. General Sales Tax Act, 1958; S.48/Code of Civil Procedure, 1908; 0.23 R.1(3)(a)/Penal Code, 1860; S.353/Code of Criminal Procedure, 1973; S.197: 11/egal gratification-Sales Tax Officer allegedly harassing respondents­ businessman in order to extract illegal gratification-Filing of suit A B c of S.48of1958 Act-Maintainability of the suit-Held: The acts done by the Officer were in discharge of duties entrusted to him under the Act-Hence, D Trial Court was justified in holding that in the absence of previous sanction of the State Government to prosecute the Officer, the suit was
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