Showing : 31-40 of 1339 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d), 20, Evidence Act, 1872, Section 3, 65B-- Illegal gratification - Tape recorded conversation - Conversation between complainant and accused - Voice sample kept in sealed cover sent for FSL examination - FSL report proved the voice in conversation and voice in respect of samples to be of same person - Call details record was produced in..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d), 20-- Illegal gratification - Demand and acceptance - Clinching evidence on record against accused regarding demand of bribe and factum of receiving bribe by accused - Tainted money recovered from accused - Phenolphthalein test was positive - PWs categorically stated the incident - Tape recorded..........
PATNA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 229, Indian Penal Code, 1860, Section 409, 420, 467, 468, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(D)-- Discharge - Bitumen scam - Two charge sheets were submitted first against accused second against petitioners - Allegation against petitioners is short supply of bulk bitumen by supplier - However, allegation against accused in first charge is shortage of bulk bitumen - Shortage of bulk bitumen..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Sanction order indicates that Railway Board being competent authority has taken collective decision to accord sanction after fully and carefully going through statements and documents - Mere irregularity in granting sanction for prosecuting A-1, does not fall within..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d)-- Cheating - A-1 and A-2 by accepting inferior quality of goods from A-3 and not deducting proportionate cost of value of goods supplied as per agreement, causing wrongful loss to Railways - Dishonest payment made for inferior quality, well proved by prosecution - In said circumstances, when..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 7-- Illegal gratification - Demand, acceptance and recovery - Recovery from a register kept on table, gave a positive reaction to phenolphthalein - No attempt made to find out whether hands of accused showed positive reaction to phenolphthalein - Without there being conclusive proof of positive..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 7, Indian Penal Code, 1860, Section 34-- Illegal gratification - Demand, acceptance and recovery - Mere oral evidence stating that accused had asked for illegal gratification for which trap was set through, in the absence of documentary evidence coupled with ocular testimony, accused cannot be held guilty of either receiving illegal..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 477A, 120B-- Framing of charges - Offence u/ss 13(2), 13(1)(d) of P.C. Act and Ss.420, 477-A, 120-B IPC - There is no prima facie case for commission of offences alleged against petitioner - I.O failed to collect any clinching materials to proceed against petitioners and acted in a mechanical manner - There is..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 7, 13(1)(D), 13(2), Indian Penal Code, 1860, Section 120B-- Sanction for prosecution - While taking bribe money it cannot be said that accused was purporting to act in the discharge of his official duty - S.197 Cr.P.C. not at all attracted - Moreover when offence of criminal conspiracy is committed for the offence of special acts or other Sections of IPC..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2)-- Illegal gratification - Complainant declared hostile as he is not supporting prosecution case - Complainant not making clear as to whether amount of Rs.3500/- was towards fees for processing Application or illegal gratification - More so, evidence of shadow Panch is not at all getting any..........

Showing : 31-40 of 1339 Results