Showing : 21-30 of 79 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 406, 409, 420, 120B-- Prosecution of a public servant under Prevention of Corruption Act and offences under IPC - Exoneration in departmental proceedings on same charges - Does not ipso facto lead to acquittal of accused in the criminal trial...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Indian Penal Code, 1860, Section 409, 468, 471, 120B- - Bank Manager of Public Sector Bank - Unauthorized conversion of public funds to private funds of an individual - Diversion of public funds by accused amount to criminal breach of trust by committing forgery/use of forged documents as well as offence under provisions of Corruption Act - It is not..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Offence u/ss 409, 420, 467, 468, 471, 34 & 120-B IPC - Appellant pleaded that cognizance was taken without obtaining sanction for prosecution - Whether appellant fulfills the conditions mentioned in S.197(1) can be decided by leading evidence at the stage of trial -..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 409, 468, 471, Criminal Procedure Code, 1973, Section 439(1)- - Grant of bail - Notice to Public Prosecutor - Initial charge-sheet running into more than 268 pages - Prosecutor applied for remand of at least 2 days which was declined - Held, notice under proviso to 439 (1) implies a proper and full opportunity to prosecutor to point out as to why bail should..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Public servant - Offence u/ss 409, 406, 467, 468, 120-B IPC and Ss.13(1)(d), r/w S.13(2) of Prevention of Corruption Act - Sanction of prosecution - When charge sheet was submitted accused was not holding Public Office which he abused - Sanction for prosecution to prosecute the accused not..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Public servant - Offence u/ss 409, 406, 467, 468, 120-B IPC and Ss.13(1)(d), r/w S.13(2) of Prevention of Corruption Act - Sanction of prosecution - A Public Servant holding two posts i.e. one under Govt. and the other on deputation with a Corporation - Public servant misusing the office held by..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 409, 477A, Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, Section 10, Evidence Act, 1872, Section 47-- Breach of trust and falsification of accounts - Proof - Accused No.1, G.M. of Canbank Mutual Fund (CMF) allegedly with dishonest and fraudulent intention induced CMF to part with Rs.32.50 lakhs by authorizing payment of brokerage in favour of co-accused knowing fully well that he had not acted as..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 409, 420, 411, 477A, 120B-- Criminal breach of trust and cheating - Proof - Evidence on record shows that accused No.3 deceived CMF by making a false representation and dishonestly induced official of CMF to deliver Rs.32.50 lakhs in his favour and he dishonestly received amount - Held, offence of cheating u/s.420 made out..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 13(1)(c)(d), 13(2), Indian Penal Code, 1860, Section 120B, 420, 409, 477A-- Bail - Economic offences - Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail - The economic offence having deep rooted conspiracies and involving huge loss of public funds needs to be viewed seriously and considered as grave offences..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 477A, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), 13(1)(d)- - Bail in economic offences - Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail - While granting bail, the court has to keep in mind the nature of accusations, the nature of evidence in support thereof, the severity of the punishment..........

Showing : 21-30 of 79 Results