Showing : 11-20 of 53 Results

KARNATAKA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(1)(e), Indian Penal Code, 1860, Section 405-- Sanction for Prosecution - Acquisition of assets disproportionate to known source of income - Governor quoted the complaint in detail in his order of sanction - But there is no finding as to why Governor accorded sanction in favour of prosecution - Governor was free to differ from his Council of..........
SIKKIM HIGH COURT
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), 5-- Disproportionate assets - Less than 10% of the total income - Accused entitled to acquittal - Accused acquitted...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 154-- Two FIRs for the same offence - First FIR for demand of illegal gratification - Second FIR for assets disproportionate to known sources of income - Both the offences are related to different provisions of Act of 1988 - Both the FIR's are distinct and cannot be said to be part and parcel of the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 482-- Disproportionate assets - Quashing of proceedings - Income tax Commissioner and his family members were named in the final report u/s 173 Cr.P.C. - Matter investigated and charge-sheet submitted - Proceedings cannot be quashed on the ground that assets were declared in income-tax returns -..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 13(1)(e)-- Disproportionate assets - Expression "known sources of income" in S.13(1)(e) of Act has two elements: (i) income must be received from a lawful source and; (ii) the receipt of such income must have been intimated in accordance with the provisions of law, rules or orders for the time being..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2)-- Disproportionate assets - Accused alleged to be in possession of assets disproportionate to his known sources of income duly shown in income tax returns which are supported by contemporaneous documents and intimations to Government - If amounts in question, which were duly intimated and are..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2)-- Disproportionate assets - If net excess amount after deducting reported income is less than 10% of income, then it will not amount to violation of Ss.13(1)(e) & 13(2) of Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Prevention of Corruption Act, 1988, Section 13(1)(e)-- Disproportionate assets - Accused possessed property to the tune of Rs.31 lacs disproportionate to his known sources of income - However, accused satisfactorily explained the source of income for cash and jewelry found in possession of his wife, house hold articles and car in possession of his..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2)-- Illegal gratification - Public servant found to be in possession of assets disproportionate to his known sources of income when Prevention of Corruption Act, 1947 was in force but prosecution launched against him when 1988 Act came into force - Possession of assets disproportionate to one's income..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Criminal Procedure Code, 1973, Section 472-- Illegal gratification - Continuing offence - Possession of assets disproportionate to one's income is a continuing offence, which is to be seen on the day when a public servant is charged for such an offence...........

Showing : 11-20 of 53 Results