Showing : 41-50 of 1356 Results

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..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B-- Sanction for prosecution - Offence u/ss 13(1)(d), 13(2) of P.C. Act and S.120-B IPC - No sanction is required to prosecute a public servant who ceased to hold office when prosecution is for offences under P.C. Act - So far as offence u/s 120-B IPC is concerned, same is an ancillary charge and is..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Sanction for prosecution not required if on date of cognizance an accused continues to be a public servant but in a different capacity or is holding a different office than one alleged to have been abused...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 419, 420, 465, 467, 468, 120B, Prevention of Corruption Act, 1988, Section 7, 13-- Bail - Parity with co-accused - Cheating - Forgery - Investigation already complete and challan presented - Trial is at initial stage and would take time to conclude - Co-accused against whom there are similar allegations has been granted benefit of bail - Without making any observations on merits..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2)-- Anticipatory bail - Disproportionate assets - Plea of political vendetta - Allegations against petitioner are serious in nature - Petitioner allegedly misused his official position while holding a senior post under Punjab police so as to create vast assets both movable and immoveable - Report of..........

Showing : 41-50 of 1356 Results