Showing : 1-10 of 1356 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(1)(e)-- Cheating - Assets disproportionate to known source of income - Prosecution case is silent about property which accused had possessed before check period and property which accused had purchased during check period - I.O had nowhere stated as to what was income and expenditure of accused during..........
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..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 11, 12, 13(2), 13(1)(b), (d)-- Criminal offence by company - Company alone can be prosecuted without its directors or a person in charge of affairs of company...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)-- Illegal gratification - Shadow witness did not hear conversation between complainant and accused and he reacted only on seeing signal from complainant - Accused therefore, cannot be held liable for illegal gratification - More so, officer granting sanction for prosecution did not appear to testify..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Prevention of Corruption Act, 1947, Section 5(2), Indian Penal Code, 1860, Section 161-- Illegal gratification - Reduction of sentence - Incident is of the year 1985 and case is pending for last 34 years - Bribe amount was Rs.1200 and accused is on bail for the last 34 years - Accused suffered immense trauma, mental agony and anguish despite suffering from heart ailment - He did not..........
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...........

Showing : 1-10 of 1356 Results