Showing : 681-690 of 1390 Results

DELHI HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 13(1)(d), 7, 8, 12, Indian Penal Code, 1860, Section 120B-- Bail - Offence u/ss 13(1)(d), 7, 8 & 12 Prevention of Corruption Act and S.120-B IPC - Prosecution could not show the basic requirement of mens rea to accept and receive bribe so as to bring it within the ambit of Act of 1988 - Bail granted...........
DELHI HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 8, 12, 13-- Anticipatory bail - Corruption case - Accused participating in investigation and his custodial interrogation not required - Anticipatory bail granted...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Review of sanction order - Review is permissible on the basis of fresh inputs and even for other valid reasons...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - High Court Judge - President alone is sanctioning authority in consultation with Chief Justice of India - However, the final dictum to grant or refuse sanction vests with the President of India, though view of Chief Justice must carry weight...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - High Court Judge - Note of Minister of Law and Justice that matter was discussed with CJI who observed that no action was required for the present - It cannot be read to mean that CJI declined the sanction for prosecution in any manner...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Power to grant sanction includes power to refuse - Sanctioning authority has to arrive at the conclusion for refusal or grant of sanction by taking into consideration the material placed before it - There may be doubts in the mind of the sanctioning authority and to..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(1)(e), 13(2), , Criminal Procedure Code, 1973, Section 482-- Disproportionate assets - Duly disclosed in property statements and Income Tax Returns - Held, this by itself does not provide legal inference that the same were lawfully acquired - It is a question of evidence whether the acquisition of properties was through a lawful and legal source or..........
DELHI HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d)-- Illegal gratification - Accused acquitted after six years on account of invalid sanction - Fresh sanction obtained and charge sheet filed after eight years - A period of 14 years elapsed - Prosecution miserably failed to explain delay in getting sanction for prosecution - Proceedings quashed...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 19, Prevention of Corruption Act, 1988, Section 13(1)-- Sanction for prosecution - Merely by any error, omission or irregularity in the grant of sanction, a finding, sentence or order passed by the trial Court cannot be reversed or altered by the appellate court unless the appellate court comes to a conclusion that the error, omission or irregularity..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Prevention of Corruption Act, 1988, Section 19, Prevention of Corruption Act, 1988, Section 13(1)-- Appellant not entered stationary received by him in stock register - Material in question was neither deposited in stock nor entered in register - Conviction and sentence upheld...........

Showing : 681-690 of 1390 Results