Showing : 81-90 of 1371 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 13, Indian Penal Code, 1860, Section 109-- Offence u/s 13 of P.C. Act against public servant and u/s 109 IPC against non public servant - All accused discharged - During pendency of revision, main accused died - Revision dismissed by holding that death of main accused has resulted in abatement of trial - Held, death of main accused does..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2)-- Criminal misconduct - Assets disproportionate to known source of income - Prosecution failed to prove beyond all reasonable doubt the charge of criminal misconduct - Accused not required in law to offer any explanation to satisfactorily account therefor - Benefit of doubt given to accused -..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Evidence Act, 1872, Section 101, 102-- Criminal misconduct - Assets disproportionate to known source of income - Burden of proof - Primary burden to bring home charge of criminal misconduct is on prosecution - It is only on discharge of such burden by prosecution, if accused failed to satisfactorily account for the same, he will be..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 19, 13(1)(e)-- Sanction for prosecution - Opportunity of hearing before grant of sanction in an offence u/s 13(1)(e) of the Act - Question of giving an opportunity of hearing to public servant at that stage does not arise...........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Opportunity of hearing - Merely because administrative function of competent authority to grant sanction for prosecution is not made dependent on any opportunity of hearing being extended to public servant concerned, it cannot be said that such a prosecution would impair..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 7, 13-- Illegal gratification - Proof of demand is an indispensable essentiality and of permeating mandate for an offence u/ss 7, 13 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7, 8, 10, 12, 13(2), 13(1)(d)-- Criminal Conspiracy - Illegal gratification - Quashing of charge - Prosecution failed to prove guilt of accused - There is no material evidence on record in order to bring home the charge of conspiracy against accused - No direct or circumstantial evidence to prove that accused has demanded any..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Opportunity of hearing to accused - Act of giving sanction is only an administrative act and not a quasi judicial act - Order of sanction need not contain detailed reasons in support thereof - There is thus, no need to provide an opportunity of hearing to officer..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 11, 12, 13(2), 13(i)(d)-- Discharge - Misappropriation of public funds of bank by charted accountant/accused - Accused exonerated by Disciplinary Committee constituted under Chartered Accountants Act looking into the professional misconduct on his part - However, mere fact that accused is exonerated by Disciplinary..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(2)-- Misappropriation of public wages - Accused being public servant misappropriated wages allotted to him for disbursement to certain persons - DW1 who was projected by accused to be person who received wages in question and has signed vouchers of such payments is not reliable witness - No payments..........

Showing : 81-90 of 1371 Results