Prevention of Corruption Act, 1988, Section 19, 7, 13(1)(d), 13(2) -- Sanction for prosecution - Offence u/ss 7, 13(1)(d), 13(2) of the Act - Sanction granted by PW9, who is merely a Desk officer and not the appointing authority, - PW9 merely signed the sanction on behalf of President of India without having any authority - Prosecution miserably failed to prove the aspect..........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Criminal Procedure Code, 1973, Section 177, 178, 179, 180, 181, 182 -- Jurisdiction - Place of trial has to be on basis of commission offence where defalcation has been made and not on basis of place of conspiracy...........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Criminal Procedure Code, 1973, Section 212, 219, 221 -- Joint trail - Fodder scam - It cannot be said that defalcation is same transaction as transactions are in different treasuries for different years, different amounts, different allotment letters, supply orders and suppliers - Provisions of S.221 of Cr.P.c..........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Criminal Procedure Code, 1973, Section 212, 219, 221, 300, Constitution of India, 1950, Article 20(2) -- Double jeopardy - Joint trail - Fodder scam - There was conspiracy hatched which was continuing one and has resulted into various offences - It was joined from time to time by different accused persons, so..........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Criminal Procedure Code, 1973, Section 212, 219, 221, 300 -- Joint trial - Modus operandi being same would not make offences, single offence when offences are separate...........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 113, 157, 222 days in three cases - It was explained unlike private litigant matters relating to Government are required to be considered at various levels and then only decision is taken to file SLP - Process of referring particular file from..........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 418, 420, 465, 120B, Prevention of Corruption Act, 1988, Section 19, 34 -- Cognizance of offence in installments - Cheating - Several accused were in the case and some of whom were not public servants - Court proceeded to take cognizance of offences against some of accused in installments, who are..........
Prevention of Corruption Act, 1988, Section 4, 3 -- Offences under P.C. Act and I.P.C - When a case involves offences under P.C. Act and other offences including IPC offences, prosecution cannot be split up - Entire case involving all offences has to be tried by Special Judge, as special Judges appointed under P.C. Act are given powers to try other offences also alongwith..........
Prevention of Corruption Act, 1988, Section 4, 3 -- Jurisdiction of Special Judge - Case against public servants and no, public servants - Where public servant dies midway or during trial or before commencement of trial, special judge would not lose jurisdiction because, Court had exclusive power and jurisdiction when cognizance was taken on complaint, or final report...........
Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Offence u/s 13(1)(d) of P.C. Act and Ss.420, 120-B IPC - Merely because prosecution is not possible under P.C. Act, as High Court quashed sanction u/s 19 of P.C. Act, accused cannot be mechanically absolved of all liabilities under Criminal Law and prosecution would have to..........
