Showing : 1-10 of 1339 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 7, 13(1)(d)-- Illegal gratification - Discharge sought immediately after filing of charge sheet - Court cannot become an Appellate Court and start appreciating evidence by finding out inconsistency in the statements of witnesses - It is not legally permissible - No prima facie case made out for discharge at..........
KERALA HIGH COURT
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 2-- Corruption - Preliminary stage - Right of audience - When a complaint is before the Court, or when the report of enquiry is also before the Court, it is exclusive domain of Court to decide on complaint or report for necessary further action - Accused does not have right of participation at this..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 8, Indian Penal Code, 1860, Section 420-- Illegal gratification - Cheating - Allegation that inspectors demanded bribe from complainant and directed to pay the money to petitioner/driver of their vehicle - However, factum of demand of money by inspectors was found to be untrue and petitioner was not a driver of vehicle - Further,..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - No valid sanction - Court when finds that there is no valid sanction, it should direct prosecution to do the needful done - Sufficient opportunity be given to produce valid prosecution sanction from the competent authority...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Error, omission or irregularity in grant of sanction - Courts not to quash or stay proceedings under the Act merely on the ground of an error, omission or irregularity in the sanction granted by authority unless it is satisfied that such error, omission or irregularity..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Earlier order of sanction invalid - No bar for competent authority to issue a proper order of sanction for prosecution...........
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..........
DELHI HIGH COURT
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 7, 8, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482-- Illegal gratification - Criminal conspiracy - Quashing of proceedings - Plea that prosecution is having insufficient evidence to bring home conviction - Held, at this stage it is not proper to bring out conclusion or guilt or conviction on the basis of statement u/s 161 Cr.P.C. and other material..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2)-- Illegal gratification - Prosecution case is that money was accepted and recovered from possession of co-accused who is already acquitted under the alleged offences - There is thus, no evidence to prove that accused directly accepted money from complainant - Both the accused already acquitted of..........
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..........

Showing : 1-10 of 1339 Results