Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Bank Loan - Misconduct - Offence under P.C.Act quashed - Trial as regards other offence under IPC would have to proceed before Competent Court - High Court would have to exercise inherent jurisdiction u/s 482 Cr.P.C. and direct Court below to return the complaint to..........
Criminal Procedure Code, 1973, Section 156(3), 190, Prevention of Corruption Act, 1988, Section 19, 13 -- Investigation - Private complaint - Offence u/s 13 Prevention of Corruption Act - Without prior sanction as required u/s 19(1) of Prevention of Corruption Act, Magistrate cannot entertain compliant and proceed with the same - Impugned order directing police to..........
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...........
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...........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Demand and acceptance of Rs.2000 as bribe - Complainant disowned her own complaint and stated that accused never demanded any amount of illegal gratification from her - Shadow witness also admitted that accused did not initiate any demand but complainant voluntarily handed over said amount to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 468, 409, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(c)(d), 13(2) -- Quashing of proceedings - Offence u/ss 468, 409, 471, 120-B IPC and Ss.13(1)(c)(d), 13(2) of P.C Act - Prima facie material available on record shows culpability of accused and many others in illegal appointment..........
Prevention of Corruption Act, 1988, Section 13(1)(d) -- Offence u/s 13(1)(d) - Misuse of official vehicle, by police official, without payment of rent fixed by Government - Departmental action can be taken by Government, but that would not constitute an offence u/s 13(1)(d) of the Act...........
Prevention of Corruption Act, 1988, Section 13(1)(d) -- Offence u/s 13(1)(d) - Allowing minor to drive a vehicle of his father, who is a public servant, would not constitute an offence u/s 13(1)(d) of the Act...........
Prevention of Corruption Act, 1988, Section 4 -- Special Court functioning under P.C. Act can act on a complaint received by Court u/s 190 Cr.P.C., only if complaint contains definite materials and allegations, either within direct knowledge of complainant, or by way of other materials and sources, revealing a definite offence under P.C. Act...........
Prevention of Corruption Act, 1988, Section 13(1)(d)(e), 13(2), Criminal Procedure Code, 1973, Section 227 -- Discharge - Illegal gratification - Mere recovery of a sum of Rs.20,000 from public servant cannot be categorized as obtaining pecuniary advantage by corrupt or illegal means, nor it is a case of abuse of his position as public servant by accused, particularly when..........
