Showing : 11-20 of 1438 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 420, 467, 471, 477A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2)-- Cheating - Conspiracy - A-1 with connivance of deceased sanctioned loan in violating rules and regulations for their personal gains in order to cheat bank - There is sufficient evidence on record against A-1 - However, no evidence on record against other two accused - Prosecution thus, failed to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 19-- Discharge - Sanction for prosecution - Issue relating to invalidity of sanction for prosecution is to be raised during trial and not at the stage of considering discharge application...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2)-- Assets disproportionate to known source of income - Discharge - High Court allowed discharge application of A-2 and dismissed the discharge application of A-1 by not adverting to fact that charge made against A-2 is also of abetting commission of offence by A-1 - Neither any reasons recorded nor..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 172, Indian Penal Code, 1860, Section 120b, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4-- Investigation and its subsequent adjudication - If court is to interfere in each and every stage of investigation and interrogation of accused, it would affect normal course of investigation - It must be left to investigating agency to proceed in its own manner in interrogation of accused, nature..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120b, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4-- Anticipatory Bail - In a case of money-laundering where it involves many stages of "placement", "layering i.e. funds moved to other institutions to conceal origin" and "interrogation i.e. funds used to acquire various assets", it requires systematic and analysed investigation which would be of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438, 154, Indian Penal Code, 1860, Section 120B, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4, Constitution of India, 1950, Article 20(1)-- Anticipatory bail - Occurrence was of year 2007-2008 and FIR registered in year 2017 - Ss.120B, 420 IPC were include in Part A of Schedule only by Amendment w.e.f. 01.06.2009 - S.13 of Prevention of Corruption was include in Part A of Schedule by Amendment w.e.f. 26.07.2018 - S.8 of Prevention of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 172(3), Indian Penal Code, 1860, Section 120b, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4-- Case Dairy - Court can peruse case diary/materials collected during investigation by prosecution even before commencement of trial inter-alia in circumstances like: (i) to satisfy its conscience as to whether investigation is proceeding in right direction; (ii) to satisfy itself that investigation..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 172(3), 438, Indian Penal Code, 1860, Section 120b, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4-- Bail - Material Collected during Investigation - Court can receive materials/documents collected during investigation and peruse same to satisfy its conscience that investigation is proceeding in right lines and for purpose of consideration of grant of bail/anticipatory bail etc...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120b, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4-- Bail - Sealed cover was received by Court - Court consciously refrained from opening sealed cover and perusing documents - Case is only at stage of considering pre-arrest bail - Since according to respondent, they have collected documents/materials for which custodial interrogation of appellant is..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 172(3), 438, Indian Penal Code, 1860, Section 120b, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4-- Material Collected during Investigation - Confronting accused - If accused are to be confronted with materials which were collected by prosecution with huge efforts, it would lead to devastating consequences and would defeat very purpose of investigation into crimes, in particular, white collar..........

Showing : 11-20 of 1438 Results