Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 2(c), Indian Penal Code, 1860, Section 21 -- Public servant - Definition in S.21 IPC and S.2(c) of 1988 Act are different - Decisions rendered while interpreting S.21 of IPC which in substance and content are substantially different than S.2(c) have no bearing at all for decision of case for an offence under..........
Prevention of Corruption Act, 1988, Section 13, Finance Act, 1998, Section 91, 95 -- Government servant - Prosecution of - Immunity from prosecution under Kar Vivad Samadhan Scheme, 1988 - Petitioner/accused had intentionally and dishonestly used forged and fabricated documents and thereby committed offence of forgery - Petitioner also conspiracy with public servants..........
Prevention of Corruption Act, 1988, Section 13, Finance Act, 1998, Section 95(iii) -- Government servant - Prosecution of - Immunity from prosecution under Kar Vivad Samadhan Scheme, 1988 - FIR registered and investigation commenced much prior to promulgation of scheme - Held, petitioner/accused not entitled to benefit of scheme...........
Prevention of Corruption Act, 1988, Section 13 -- Cognizance of offence - Cognizance taken by Magistrate although he was not competent to try offences under the 1988 Act - Held, order of cognizance by Magistrate was void ab initio - Cognizance by Special Court would not amount to second cognizance in law in respect of self-same offences - Cognizance of offence by Special..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B, 468, 471, 465, 420 -- Criminal misconduct, conspiracy, forgery and cheating - Conviction - Validity - Appellants went to house of insured and took away his two insurance policies along with premium payment receipts on pretext of upgrading said policies - Thereafter, one of..........
Prevention of Corruption Act, 1988, Section 13(1)(e), Criminal Procedure Code, 1973, Section 482 -- Disproportionate assets - Quashing of proceedings - Accused, wife of top bureaucrat of State, alleged to have abetted offence - Documents on record shows that husband had invested substantially in industry - Vigilance search party when arrived at Govt. quarters of husband,..........
Prevention of Corruption Act, 1988, Section 13(2), (1)(e), Indian Penal Code, 1860, Section 109, Criminal Procedure Code, 1973, Section 482, Orissa Special Courts Act, 2007, Section 7 - - Disproportionate assets - Quashing of proceedings - Charge-sheet submitted against accused persons u/s.13(2) and S.13(1)(e) of 1988 Act and S.109 IPC - Sanction for prosecution already..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Mere recovery by itself cannot prove the charge of prosecution against the accused, in the absence of any evidence to prove payment of bribe or to show that the accused voluntarily accepted the money knowing it to be bribe...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 20 -- Illegal gratification - Prosecution failed to discharge initial burden to prove payment of gratification by PW1 to appellants - Held, prosecution under shelter of S.20 cannot escape from responsibility to prove illegal gratification nor prosecution can be permitted to canvass for conviction of appellants merely by..........
Prevention of Corruption Act, 1988, Section 13(1)(e) -- Disproportionate assets - Offence u/s.13(1)(e) - Burden of proof - Held, initial burden to prove, that either accused or any member of his family had, at any point of time, been in possession of property disproportionate to his known source of income, lies on prosecution - If initial burden is not discharged by..........
