Showing : 1-6 of 6 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Investigation by an officer not authorised by law-- A defect or irregularity in investigation, however serious, has no direct bearing on the competence or procedure relating to cognizance or trial - Where cognizance is taken and case proceeds, the invalidity of the precedent investigation does not vitiate the result, unless a miscarriage of justice..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e)-- Corruption case - Allegation that public servant acquired assets larger than his known sources of income - Only sum of Rs.2.71 lacs remained unexplained - Accused joined service in 1972 - Held, the alleged unexplained income is merely a marginal/paltry sum which any Govt. employee can save every..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 13(2)-- Assets other than known sources of income - Service Rules required public servant to submit to Govt. the return of their assets and liabilities on first appointment and thereafter after every financial year - Public servant not furnishing information to Govt. with regard to his assets and..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 19(1)-- Public servant - Sanction for prosecution - A mere error, omission or irregularity in sanction is not fatal unless it results in failure of justice has been occasioned thereby - S.19(1) of the Act is a matter of procedure and does not go to the root of jurisdiction - Once cognizance is taken by..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 161, 162-- Information or statement made before the investigating officer u/s 161 Cr.P.C. requires corroboration by sufficient evidence - In the absence of any corroboration thereof, it would merely be a case where some witnesses had stated a particular fact before the investigating officer and the same..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence at appellate stage is permissible, in case of a failure of justice - It should be allowed just to cure the irregularity - Additional evidence at appellate stage cannot be allowed in order to fill up lacunae in the prosecution case...........

Showing : 1-6 of 6 Results