Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Jammu and Kashmir Prevention of Corruption Act, 2006, Section 5(1)(d), 5(2), 6, Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001, Section 17 -- Sanction for prosecution - Challenge on grounds as falsely implicated and non application of mind - Objection can be raised at threshold..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Jammu and Kashmir Prevention of Corruption Act, 2006, Section 5(1)(d), 5(2), 6, Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001, Section 17 -- Sanction for prosecution - Distinction between lack of sanction and invalidity of sanction order - Prosecution is required to prove and..........
Prevention of Corruption Act, 1988, Section 13(2) -- Amassing of properties by public servant - Fresh enquiry - In the instant case, enquiry was conducted but charges were not proved - Hence, fresh enquiry can be conducted if some other items of acquisition of property on part of public servant come to notice which were not subject matter of first enquiry...........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Framing of charge - Allegation in charge sheet that quarry license to co-accused was given by accused in furtherance of object and purpose of illegally benefiting co-accused - Further accused permitted co-accused to indulge in unauthorized mining over larger area than that granted to him..........
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 7, 13(1)(d), 13(2) -- Illegal gratification - Accused being a doctor demanded Rs.1000 from complainant to carry out her surgery - Crucial evidence as to demand and acceptance of bribe amount by accused is consistent - Minor inconsistency in the evidence of PWs would not matter at all - More so, complainant was not verbally..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 138 -- Recall of witness for re-examination - When witness has supported prosecution case in his examination-in-chief and has also been cross-examined at length and he has even denied to specific suggestions put forth by defence counsel..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 138 -- Recall of witness for re-examination - Merely because in unguarded moment, witness spoke something in cross-examination which did not suit prosecution, Court should not have exercised its discretion to allow prosecution to..........
Indian Penal Code, 1860, Section 409, 420, 467, 477A, Prevention of Corruption Act, 1988, Section 13(1)(c), (d) -- Criminal breach of trust by Public servant - Falsification of PPF accounts - In the instant case, there is no, reflection of bank transaction undertaken by accused in PPF withdrawal register - Evidence of PW establish that transaction covered under numerous..........
