Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - For an Indian Revenue Service officer cadre, controlling authority is the Finance Minister of Government of India...........
Prevention of Corruption Act, 1988, Section 19, 13 -- Sanction for prosecution - Validity - Disproportionate assets to the known sources of income - Evidence on record shows that there had been proper application of mind on the part of competent authority before the sanction was accorded - Opinion of CVC which was reaffirmed and ultimately prevailed in according sanction,..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demanded by Food Inspector for not proceeding against a Baker - It is proved on record that accused demanded amount of Rs.1000/- from PW1 as motive for not proceeding against him - Accused not able to prove that such amount was legitimately due to him from PW1 - Prosecution proved its..........
Prevention of Corruption Act, 1988, Section 19(3)(a) -- Sanction for prosecution - Dispute as to competent authority - Has to be raised at earliest possible opportunity and not in appeal for the first time...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Competent authority - Sanction order passed by authority who is competent under law to represent State Government and burden is on party who challenges authority of such order to show that authority competent to pass order of sanction is somebody else and not officer who passed sanction order in..........
Prevention of Corruption Act, 1988, Section 19, 13(2), 6, Indian Penal Code, 1860, Section 467, 468, 409, 420, 471, 120B -- Sanction for prosecution - Competent authority - Offence u/ss 467, 468, 409, 420, 471, 120-B IPC and S.13(2) P.C. Act - Sanction order passed by Principal Secretary - Sanction order is valid...........
Prevention of Corruption Act, 1947, Section 4, 5(1)(d) -- Illegal gratification - It is evident that there is no evidence of demand except statement of complainant who is the interested witness - Nobody has heard conversation between accused and complainant at the time when money was given to accused - Hence, there is no confirmation that said amount was towards bribe as..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Where public servant was not holding same office on account of his transfer on relevant date when charge sheet was submitted and cognizance of offence was taken, and abused entirely different office than one which he was holding on date on which..........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B -- Bail - Illegal gratification - Accused being officers of Central Exercise intelligence demanded Rs.10 lakhs from complainant with regard to service tax evasion - Transcript of recorded telephonic conversation brought on record..........
Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 427, 447, 506, 120(b), 34 -- Sanction for prosecution - Corruption case - Where misconduct is in some different capacity than the one which is held at the time of taking cognizance, there will be no necessity to take the sanction...........
