Showing : 1-10 of 128 Results

MADRAS HIGH COURT
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 468-- Misconduct - Pecuniary advantage - Abusing official position - Accused cheated complainant and his brother by dishonestly inducting them to pay money for handing over possession of shop - Possession of shop was with accused due to his official position in Revenue Section - Accused having full..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B-- Sanction for prosecution - Offence u/ss 13(1)(d), 13(2) of P.C. Act and S.120-B IPC - No sanction is required to prosecute a public servant who ceased to hold office when prosecution is for offences under P.C. Act - So far as offence u/s 120-B IPC is concerned, same is an ancillary charge and is..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 13, Indian Penal Code, 1860, Section 109-- Offence u/s 13 of P.C. Act against public servant and u/s 109 IPC against non public servant - All accused discharged - During pendency of revision, main accused died - Revision dismissed by holding that death of main accused has resulted in abatement of trial - Held, death of main accused does..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 11, 12, 13(2), 13(i)(d)-- Discharge - Misappropriation of public funds of bank by charted accountant/accused - Accused exonerated by Disciplinary Committee constituted under Chartered Accountants Act looking into the professional misconduct on his part - However, mere fact that accused is exonerated by Disciplinary..........
DELHI HIGH COURT
Year of decision: 2017
Details
Prevention of Money Laundering Act, 2002, Section 45, Prevention of Corruption Act, 1988, Section 13(1)(e)-- Criminal misconduct - Person who himself is not a public servant but helped a public servant in money laundering - His tainted property will be guilty for offence under PML Act and PC Act...........
DELHI HIGH COURT
Year of decision: 2017
Details
Prevention of Money Laundering Act, 2002, Section 45, 65, 71, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2)-- Even a person who is not a public servant can be prosecuted under PC Act if such person held property of public servant, which public servant acquired disproportionate to known sources of income...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 201-- Offence u/s 201 IPC - Ingredients of the offence are : (1) the person charged is a public servant; (2) the said public servant corruptly or maliciously makes or pronounces any report, order, verdict, or decision which he knows to be contrary to law (3) such act is to be done in any stage of a..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Protection given u/s 197 of Cr.P.C. has certain limits and is available only when act done by public servant is reasonably connected with discharge of his official duty and is not merely cloak for doing objectionable act - If in doing his official duty, he acted in excess of his..........
JHARKHAND HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - There is mandatory requirement for launching prosecution if alleged act is done in discharge of his official duty but it does not extend its protective cover to wrong act or every act or omission done by public servant rather it restricts scope to only those acts or..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 409, 420, 120B-- Special Judge appointed to deal with cases under Prevention of Corruption Act - Charge sheet filed against a public servant and some private persons under Prevention of Corruption Act and Ss.409, 420 IPC - Death of public servant before framing charge - Proceedings can be continued against private..........

Showing : 1-10 of 128 Results