Showing : 81-90 of 1339 Results

RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Not required for passing an order u/s 156(3) or for search warrant - However, it is required at the stage of taking cognizance of offence, when Magistrate applies his mind to legal proceedings and considers police report or material before it...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 7, 13(2)-- Illegal gratification - Demand - Enquiry by accused as to whether money had been brought or not - By no means constitute demand as enjoined in law as an ingredient of the offence - Such a stray query ipso facto in the absence of any other cogent and persuasive evidence cannot amount to demand to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 7, 13(2)-- Illegal gratification - Demand - Bald allegation of complainant with regard to demand uncorroborated - Statement of complainant lacking in material facts and particulars - Such statement per se cannot form the foundation of a decisive conclusion that such demand in fact had been made...........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d)-- Quashing of summoning order - Illegal gratification - Investigating agency found no evidence against petitioners and charge sheet/closure report was filed - Court without ordering further investigation cannot take cognizance against petitioners by appreciating evidence in the closure report -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 420, 467, 468, 471, 201, Prevention of Corruption Act, 1988, Section 13(2)-- Framing of charge - Cheating and forgery - Allegation that accused should have retired a year back but still serving and there is difference in his date of birth as far as service book and certificate concerned - Entry in service book made on basis of matric certificate - No over-writing/cutting..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 321, Indian Penal Code, 1860, Section 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2)-- Withdrawal from prosecution - Cheating - Forgery - Tampering of mark sheet - Alleged forged mark sheet not recovered by prosecution - Even respondent no.2 in whose favour alleged mark sheet is forged had not taken any benefit out of said mark sheet - Offence of cheating or forgery not proved on..........
GUJARAT HIGH COURT
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 12, Indian Penal Code, 1860, Section 161-- Illegal gratification - Demand and acceptance of Rs.800 from complainant - Vital ingredients i.e demand, acceptance and recovery are proved from the evidence of PW1 and PW2, which is in conformity with each other and getting due corroboration from contemporaneous panchnama and evidence of other..........
GUJARAT HIGH COURT
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 12, Indian Penal Code, 1860, Section 161-- Illegal gratification - Reduction of sentence - Trap was laid for about 24 years back - During interregnum period accused have suffered a lot by way of facing departmental proceedings and have superannuated by now - Sentence of accused reduced from 2 years R.I to 1 year R.I...........
GUJARAT HIGH COURT
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 7, 13-- Illegal gratification - Demand and acceptance - Recovery of currency notes becomes meaningless when complainant himself disowned the complaint and admitted that whatever amount was given by him to accused was towards the settled amount of compensation to the victim - Demand and acceptance not..........
GUJARAT HIGH COURT
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 7, 13-- Illegal gratification - Complainant himself not supported the prosecution case and he disowned the complaint itself except identifying his signature - Evidence of shadow witness also not out of doubt as in his evidence, several contradictions were found - Vital ingredients like demand and..........

Showing : 81-90 of 1339 Results