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SUPREME COURT OF INDIA

Year of decision: 2022
Details

Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), (ii) -- Illegal gratification - Demand and acceptance - Proof of demand and acceptance of illegal gratification by a public servant as a fact in issue by prosecution is a sine qua non in order to establish guilt of accused/public servant u/ss 7, 13(1)(d)(i), (ii) of the Act...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - In the absence of evidence of the complainant (direct/primary, oral/documentary evidence) it is permissible to draw an inferential deduction of culpability/guilt of a public servant u/s 7 and S.13(1)(d) r/w S.13(2) of the Act based on other evidence adduced by the prosecution...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), 13(1)(d)(ii) -- Illegal gratification - Where complainant turns hostile or has died or is unavailable to let in his evidence during trial, demand of illegal gratification can be proved by letting in the evidence of any other witness who can again let in evidence, either orally or by documentary evidence or..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), 13(1)(d)(ii) -- Illegal gratification - Demand and acceptance - In order to prove fact in issue i.e demand and acceptance of illegal gratification following aspects have to be borne in mind: (i) If there is an offer to pay bribe giver without there being any demand from public servant and latter simply accepts the..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), 13(1)(d)(ii) -- Illegal gratification - Demand and acceptance - Proof of demand and acceptance of illegal gratification by a public servant as a fact in issue by prosecution is a sine qua non in order to establish guilt of accused/public servant u/ss 7, 13(1)(d)(i), (ii) of the Act...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - In the absence of evidence of the complainant (direct/primary, oral/documentary evidence) it is permissible to draw an inferential deduction of culpability/guilt of a public servant u/s 7 and S.13(1)(d) r/w S.13(2) of the Act based on other evidence adduced by the prosecution...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Criminal Procedure Code, 1973, Section 107, 117 -- Forfeiture of bond amount - Appellant is a daily wager earner and would not have proper means to arrange bond amount - Forfeiture of an amount of Rs.5 lakhs on ground of obstructing a public servant while on duty that too u/s 107 Cr.P.C is exceptionally high - Amount to be deposited by appellant is thus, reduced to nominal..........

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Competent authority has to record reasons by applying independent mind while granting sanction to prosecute a public servant...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 151, Order 16, Rule 1 -- Summoning of public servant as a witness - Dispute over immovable property - Courts not to ordinarily summon public servants to support the cause of one party unless Court itself is of the opinion that evidence of such public servant is required to adjudicate on the seriously disputed questions arising in the..........

KERALA HIGH COURT

Year of decision: 2022
Details

Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - While performing official duty, if a person acts in excess of his duty and there is a reasonable connection between the act and performance of official duty, act done in excess cannot be regarded as a sufficient ground to deprive public servant of protection u/s 197 Cr.P.C...........

Showing : 11-20 of 682 Results