Showing : 391-400 of 447 Results

SUPREME COURT OF INDIA
Year of decision: 2006
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2)-- Illegal gratification - Voluntary and conscious acceptance of money - When amount is found to have been passed to the public servant the burden is on public servant to establish that it was not by way of illegal gratification...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d)-- Corruption Case - Accused, an Assistant Sub-Inspector of Police, demanded and accepted Rs.3500/- from complainant to avoid seizure of rifle of complainant and his arrest pursuant to a complaint - Trap was laid - Accused demanded and accepted money on appointed spot - Currency notes smeared with..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Prevention of Corruption Act, 1988, Section 4(1), 7, 13(1)(d), 13(2)-- Illegal gratification - Where recovery of money coupled with other circumstances lead to the conclusion that accused received gratification from some person, Court will draw a presumption under Section 4(1) of the Prevention of Corruption Act...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 20, 13(1)(d)-- Sanction for prosecution - Prosecution of public servant in an offence under IPC and Prevention of Corruption Act - Want of sanction - Charges under Prevention of Corruption Act fails - However, charges under IPC would not fail on this account - A person may commit several offences under different..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 20, 13(1)(d)-- Sanction for prosecution - Prosecution of public servant in an offence under IPC and Prevention of Corruption Act - Want of sanction - Charges under Prevention of Corruption Act fails - However, charges under IPC would not fail on this account...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 20, 13(1)(d)-- Sanction for prosecution - Prosecution of public servant in an offence under IPC and Prevention of Corruption Act - Want of sanction - Charges under Prevention of Corruption Act fails - However, charges under IPC would not fail on this account...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 20, 13(1)(d)-- Sanction for prosecution - Prosecution of public servant in an offence under IPC and Prevention of Corruption Act - Want of sanction - Charges under Prevention of Corruption Act fails - However, charges under IPC would not fail on this account - A person may commit several offences under different..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Probation of Offenders Act, 1958, Section 4, Criminal Procedure Code, 1973, Section 360, Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d)-- Corruption case - Probation - Benefit of - Accused convicted under S.13(2) of Prevention of Corruption Act, 1988 - Benefit of probation cannot be extending to accused under Probation of Offenders Act, 1958 or under Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)-- Corruption case - Illegal gratification - Minimum sentence - Minimum punishment u/s 7 is six months and the minimum punishment u/s 13(1)(d) is one year - If an offence falls under both Sections 7 and 13(1)(d) and court wants to award only the minimum punishment, then the punishment would be one..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 7-- Minimum sentence - Where a statute prescribes a minimum sentence Court cannot reduce the sentence any further...........

Showing : 391-400 of 447 Results