Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Trap Case - When trap is without verification of demand then it is essential to have truly independent witnesses - In the instant case Panch witness had previously acted as a panch for Anti Corruption Bureau (ACB) on about 3 to 4 occasions - Selecting such a witness casts doubt on the..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Complainant made unauthorized construction which is liable to be demolished - Accused allegedly demanded illegal gratification for not reporting said matter to encroachment department - Not reporting of matter would be an act performed by accused in his private capacity and not in his..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 420, 467, 477A, Prevention of Corruption Act, 1988, Section 13 -- Cancellation of anticipatory bail - Challenge as to - Offence u/ss. 409, 420, 467, 477A IPC and S.13 of PC Act - Allegations of corruption and misappropriation of public funds released for rural development - Considering..........
Prevention of Corruption Act, 1988, Section 19(1) -- Sanction for prosecution - If public servant abused a particular office and thereafter he ceases to hold office but he again assumes same office which he allegedly abused earlier, prosecution sanction would be required...........
Prevention of Corruption Act, 1988, Section 5, 7 -- Jurisdiction of Special Court - Special Court hearing matter of 2G spectrum allocations case has authority to try offences under corruption law as well as non-corruption laws...........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Conviction of accused u/s.8 of the Act - Remission of sentence - Considering that trial and appeal proceedings continued for 17 years now causing mental trauma and incarnation - Also bribe amount was only 700/- and accused has already undergone 7 months against statutory minimum 6 months imprisonment..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - It is an administrative decision - However, even administrative decisions must be supported by some reasons in order to comply S.19 of the Act...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Object underlying S.19 of Act is to ensure that a public servant does not suffer harassment on false, frivolous, concocted or unsubstantiated allegations...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Exercising power u/s 19 of the Act is not an empty formality - Competent authority or sanctioning authority is supposed to apply its mind to the entire material and evidence placed before it and on such examination thereof to reach a conclusion fairly, objectively and consistent with public..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanction declined on earlier two occasions - No fresh materials were available to give sanction on third occasion while granting sanction - More so, sanctioning authority while passing impugned sanction order completely ignored the earlier orders, which shows that there is absolutely no..........
