Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Place of occurrence - Accused contended that place of occurrence is almost in front of police station and thus it is not possible for any person to fix place for taking bribe in front of any police station - However, it is in the evidence of witnesses that..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Treated notes were recovered from hand of accused - Report received from FSL states that in sample of liquid sent for chemical examination, liquid was result of washing hands of accused and due to application of powder on currency note which were to be given as..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 409, 420, 447, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Mines and Minerals (Regulation and Development) Act, 1957, Section 21, 23, 4(1), 4(1)(A) -- Quashing of FIR - Offence u/ss 379, 409, 420, 447, 120-B IPC, Ss.13(2), 13(1)(d) of 1988 Act and Ss.21, 23, 4(1),..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 13(1)(a), Indian Penal Code, 1860, Section 465, 468, 471, 120B -- Anticipatory bail - On basis of parity - Embezzlement of public money - Petitioner is mastermind behind entire operation conducted for embezzlement of money - He allegedly played a prominent role in the matter of..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused being a Patwari demanded bribe of Rs.250 from complainant for correction in relevant mutation record - However, there are material contradictions in statement of complainant and panch witnesses with regard to initial demand and trap also - Complainant and I.O stated that at..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 420, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d)(ii), 13(2) -- Suspension of sentence during pendency of appeal - Accused has already completed nine months of actual imprisonment out of imprisonment of one year - Accused is entitled to relief u/s 389 Cr.P.C - Sentence suspended..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(ii), 13(2) -- Offence u/ss 13(1)(d)(ii), 13(2) of the Act - Wrong order passed by quasi judicial authority - Criminal proceedings cannot be initiated against a public servant under the Act, merely for passing a wrong order, without any material to demonstrate that such order was deliberately passed by him for extraneous..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(ii), 13(2) -- Offence u/ss 13(1)(d)(ii), 13(2) of the Act - If a public servant acting as a quasi judicial authority under a statue passes an order and if such order is in favour of a person other than Government, any pecuniary advantage obtained by such person by virtue of such order cannot be basis for prosecution of..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(ii) -- Offence u/s 13(1)(d)(ii) of the Act - Mens rea, intention and/or knowledge of wrong doing is an essential condition of offence of criminal misconduct u/s 13(1)(d)(ii) of the Act - Presumption u/s 20 of the Act, does not apply to offence u/s 13(1)(d)(ii) of the Act...........
Prevention of Corruption Act, 1988, Section 13(1)(d) -- Offence u/s 13(1)(d) of the Act - Dishonest intention is gist of offence u/s 13(1)(d) of the Act - Mere misconduct and action of a public servant, without dishonest intention but contrary to departmental norms does not amount to criminal misconduct...........
