Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Offence u/ss 13(1)(d), 13(2) of the Act - Accused allegedly committed irregularities in construction of wells undertaken in Jeevandhara Scheme and made payments fraudulently to beneficiaries without well being constructed - However, record reveals that third instalment which was to accrue on completion of..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Evidence Act, 1872, Section 101, 102 -- Criminal misconduct - Assets disproportionate to known source of income - Burden of proof - Primary burden to bring home charge of criminal misconduct is on prosecution - It is only on discharge of such burden by prosecution, if accused failed to satisfactorily account for..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Criminal misconduct - Assets disproportionate to known source of income - Prosecution failed to prove beyond all reasonable doubt the charge of criminal misconduct - Accused not required in law to offer any explanation to satisfactorily account therefor - Benefit of doubt given to accused - Accused acquitted...........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Proof of demand is an indispensable essentiality and of permeating mandate for an offence u/ss 7, 13 of the Act...........
Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7, 8, 10, 12, 13(2), 13(1)(d) -- Criminal Conspiracy - Illegal gratification - Quashing of charge - Prosecution failed to prove guilt of accused - There is no material evidence on record in order to bring home the charge of conspiracy against accused - No direct or circumstantial evidence to..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Opportunity of hearing to accused - Act of giving sanction is only an administrative act and not a quasi judicial act - Order of sanction need not contain detailed reasons in support thereof - There is thus, no need to provide an opportunity of hearing to officer concerned before according..........
Prevention of Corruption Act, 1988, Section 19, 13(1)(e) -- Sanction for prosecution - Opportunity of hearing before grant of sanction in an offence u/s 13(1)(e) of the Act - Question of giving an opportunity of hearing to public servant at that stage does not arise...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Opportunity of hearing - Merely because administrative function of competent authority to grant sanction for prosecution is not made dependent on any opportunity of hearing being extended to public servant concerned, it cannot be said that such a prosecution would impair dignity of an individual..........
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..........
Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Conviction - Offence u/s 120-B IPC and Ss.13(1)(d), 13(2) PC Act - For convicting accused u/s 120-B IPC and u/s 13(1)(d)(ii) PC Act, there must be evidence on record that accused obtained for himself or any other person any valuable thing or pecuniary advantage...........
