Criminal Procedure Code, 1973, Section 211, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 109 -- Framing of charge - Disproportionate assets - Assets on name of relative of public servant - Merely because some of disproportionate assets stand in name of no, public servants, without any element of abetment, they cannot asked..........
Criminal Procedure Code, 1973, Section 239, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 109 -- Discharge - Dismissal of application - Disproportionate assets - In the instant case, charges framed against wife of public servant for abetting her husband in accumulating disproportionate assets - However, I.O. has not come to..........
Prevention of Corruption Act, 1988, Section 19, 13 -- Sanction for prosecution - Validity - Disproportionate assets to the known sources of income - Evidence on record shows that there had been proper application of mind on the part of competent authority before the sanction was accorded - Opinion of CVC which was reaffirmed and ultimately prevailed in according sanction,..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), 19, Criminal Procedure Code, 1973, Section 482 -- Disproportionate assets - Sanction for prosecution - Quashing of proceedings - CBI officers had cogent evidences against petitioners - FIR was registered after having a thorough investigation and charge sheet was filed in Court - CBI was not required to seek..........
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..........
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...........
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..........
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..........
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...........
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 reflected in Income..........
