Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Tape recorder given by raiding party to complainant - Complainant forget to turn on the tape recorder - No adverse inference can be drawn when prosecution is able to otherwise prove its can on the basis of clinching evidence...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Plea that there was no reason for the appellant to demand money as he had no role in the matter to grant a copy of the sanctioned map - File in question seized from the residence of accused - It cannot be said that appellant had no role to play in the matter and that there was no..........
Criminal Procedure Code, 1973, Section 178, 179, 184, Indian Penal Code, 1860, Section 120B, 419, 420, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Passport Act, 1967, Section 12 -- Territorial jurisdiction - Criminal conspiracy - Cheating and forgery - Some offences were committed in India and some outside India - Cause of actions thus,..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Mere recovery of money from the pocket of pyjama of accused by itself not cogent evidence to prove the charges of prosecution, particularly when there is no evidence to prove demand and acceptance of bribe - Accused acquitted...........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Delay of six years in lodging complaint, not explained - Accused being Sub Inspector allegedly demanded bribe of Rs.2 lakhs from complainant for not involving him in a car theft case - Complainant did not disclose the exact date when he was illegally lifted and bribe was demanded from him - Even,..........
Prevention of Corruption Act, 1988, Section 13 -- Illegal gratification - Mere recovery of amount - Not sufficient to convict a person under provisions of PC Act if the same is not backed by demand and acceptance of bribe as an illegal gratification...........
Prevention of Corruption Act, 1988, Section 13(1)(d)(ii), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Charge of obtaining land by public servant - No material document produced to demonstrate ownership and title of complainant to land in question - Even, complainant did not choose to establish her title to land in appropriate proceedings -..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Main Service Regulation, 1972, Volume I, Part I, Regulation 7.3 - Petitioner on account of his arrest by police remained in police custody and then judicial custody - By stretch of imagination, said period cannot be treated as duty period - Thus, it was rightly treated as leave of kind due...........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Main Service Regulation, 1972, Volume I, Part I, Regulation 7.3 - If an employee is dismissed from service only on account of his conviction in criminal case and said conviction is set aside, may be granting him benefit of doubt, employee is entitled to be reinstated in service with full back wages alongwith..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanction cannot be held invalid only for the reason that in administrative notings different authorities have opined differently before competent authority took the decision in the matter...........
