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KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 321, Prevention of Corruption Act, 1988, Section 13(1)(c)(d), 13(2)-- Withdrawal from prosecution - Misappropriation of public funds of Panchayat - Withdrawal sought on the ground that evidence proposed by prosecution is weak and there is no possibility of witnesses supporting prosecution - Whether documents are strong or acceptable to prove alleged misappropriation..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 409, 477A, 120B, Prevention of Corruption Act, 1988, Section 5(1)(d), 5(2)-- Misappropriation of 540 bags of fertilizers (Urea) - Complaint lodged alleging misappropriation of only 540 bags of urea but investigation revealed that entire 1040 bags of urea was misappropriated - It is specifically alleged that accused conspired with criminal intent and indulged in..........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Prevention of Corruption Act, 1988, Section 13(2), Evidence Act, 1872, Section 3-- Illegal gratification - Appreciation of evidence - At the first instance, accused `Rakesh' was not charge-sheeted u/s 13(2) PC Act, therefore, he cannot be convicted for the same - Even, recovery of Rs.34,86,600/- from the house of his wife cannot be attributed to him - Moreover, said money was..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Prevention of Corruption Act, 1988, Section 8, Evidence Act, 1872, Section 3-- Illegal gratification - Appreciation of evidence - As there is no evidence against accused `Ram' for the offence committed u/s 8 PC Act, therefore, conviction u/s 8 PC Act is not sustainable in the eyes of law - Accused acquitted...........
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...........

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