Showing : 1-10 of 39 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 13(1)(c)(d)(e), 13(2), Criminal Procedure Code, 1973, Section 300-- Offence u/ss 13(1)(c)(d)(e), 13(2) of P.C. Act - Double jeopardy - Accused discharged due to lack of proper sanction - Proper order of sanction for prosecution issued thereafter - Fresh/supplementary charge sheet filed - Principle of "double jeopardy" do not apply - Court erred in refusing to take..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 13(1)(C), 13(2), 67, Indian Penal Code, 1860, Section 409, 477A-- Misappropriation of public money - Confessional statement of accused - Though confession was made before PW3 and PW2 by accused, but no question was put to PW3 and PW2 that extra judicial confession was an outcome of any threat, inducement or allurement - Confession was thus, made voluntarily and..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 13(1)(C), 13(2), Indian Penal Code, 1860, Section 409, 477A-- Misappropriation of public money - Reduction of sentence - Occurrence was of the year 1992-94 - Considering passage of time and facts and circumstance of case, sentence of imprisonment imposed on accused reduced to three years u/s 409 IPC - However, conviction u/ss 13(1)(c), 13(2) of P.C Act and..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), Indian Penal Code, 1860, Section 409-- Misappropriation of Government money - Evidence of PW3 and PW6 shows that money was entrusted with accused by PW3 - Accused not disputed the receipts of such amount from PW3 - Though there was delay in making entry of said receipt of amount from PW3 which is about 1 month and 6 days, but taking..........
KERALA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 409, 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), 13(2)-- Return of original service book of petitioner - When original service book forms part of offence or is necessary to prove offence, I.O. and Courts will be justified in retaining original service book but where original service book is not necessary for the purpose of investigation and trial of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 420, 465, 471, Prevention of Corruption Act, 1988, Section 13(1)(c)(d), 13(2)-- Misappropriation and embezzlement of public funds - Sufficient material on record to show that accused had indulged in acts of misappropriation and embezzlement of public funds by unauthorizedly processing bills which he received not through proper channel - Both the Courts below thoroughly..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 420, 465, 471, Prevention of Corruption Act, 1988, Section 13(1)(c)(d), 13(2)-- Misappropriation and embezzlement of public funds - Reduction of sentence - Accused aged 70 years, suffering from ill health - He undergone 20 months sentence out of 36 months - Sentence modified to period already undergone by accused...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(2)-- Misappropriation of public wages - Accused being public servant misappropriated wages allotted to him for disbursement to certain persons - DW1 who was projected by accused to be person who received wages in question and has signed vouchers of such payments is not reliable witness - No payments..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(2)-- Offence u/ss 13(1)(c), 13(2) of the Act - Reduction of sentence - Taking into account long period of time that has elapsed and age of accused who is stated to about 70 years, ends of justice will be met if sentence of accused is reduced to period of 1 year R.I in modification of 2 years R.I as..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Criminal Procedure Code, 1973, Section 212, 219, 221-- Joint trail - Fodder scam - It cannot be said that defalcation is same transaction as transactions are in different treasuries for different years, different amounts, different allotment letters, supply orders and suppliers - Provisions of S.221 of Cr.P.c not attracted as there are different set..........

Showing : 1-10 of 39 Results