Showing : 1-5 of 5 Results

DELHI HIGH COURT
Year of decision: 2001
Details
Prevention of Corruption Act, 1947, Section 6, 5(1)(d), 5(2), Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Illegal gratification Rs.138/- but sanction granted on the basis of Rs.140/- - Sanction granted without application of mind as such sanction is void ab initio...........
DELHI HIGH COURT
Year of decision: 2001
Details
Prevention of Corruption Act, 1947, Section 6, 5(1)(d), 5(2), Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Valid sanction is a condition precedent - Court is required to see whether or not the sanctioning authority while granting the sanction was aware of the facts constituting the offence and had applied its mind - If sanction granted is based on incorrect facts it would be..........
DELHI HIGH COURT
Year of decision: 2001
Details
Criminal Procedure Code, 1973, Section 313-- Purpose and object - It is an opportunity to the accused to explain the incriminating material which has surfaced on record - It is not an idle formality - It is obligation on the Court to question the accused on the evidence and circumstances appearing against him so as to apprise him of the..........
DELHI HIGH COURT
Year of decision: 2001
Details
Criminal Procedure Code, 1973, Section 313, Prevention of Corruption Act, 1947, Section 5(1)(d), 2-- Exact amount of gratification - Not put in examination u/s 313 Cr.P.C. - Held, accused is deprived of an opportunity to explain the precise case against him - This is a serious omission which goes to the root of the matter and cannot be said to be a mere irregularity...........
DELHI HIGH COURT
Year of decision: 2001
Details
Criminal Procedure Code, 1973, Section 215, 464, 465, Prevention of Corruption Act, 1947, Section 5(1)(d), 5(2)-- Amount of illegal gratification Rs.138/- but in charge amounted stated to be Rs.140/- - It is a fundamental infirmity, resulting in serious prejudice to the accused - This infirmity is not saved either by S.315 or 464 Cr.P.C. as it has occasioned a failure of justice - Thus, this serious lacuna in..........

Showing : 1-5 of 5 Results