Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 467, 468, 471, 420 -- Senior Bank Manager advancing loan to a company on the basis of property offered as security - Loan not repaid - Allegation that loan was advanced in conspiracy with other four accused by forging documents - Security found to be worthless - Report of Central..........
Prevention of Corruption Act, 1988, Section 13(1) -- Corruption case - Fact finding committee appointed - Report holding a person guilty of offence - Report cannot form basis of conviction...........
Prevention of Corruption Act, 1988, Section 13(1)(d)(iii) -- Public servant - Corruption - Grant of loan to a private person against statutory provisions of law - Private person utilized loan and returned back same with interest - Held, Bank officers are guilty of offence under Prevention of Corruption Act...........
Prevention of Corruption Act, 1988, Section 13 -- Public servant - Misconduct - Bank officers facilitating misappropriation of funds to account of main accused - Without their assistance accused would not have been able to withdraw from his account amounts of money to which he was not entitled under law - Main accused in absence of overdraft facility or any overdraft limit..........
Prevention of Corruption Act, 1988, Section 13(1)(d) -- Scope - Taking pecuniary benefit by a public servant for himself or for any other person is not an offence - For an offence it must be proved that he did so by abusing his position as public servant or holding office as a public servant - In the latter category of cases, absence of any public interest is a sine qua..........
Prevention of Corruption Act, 1988, Section 13(1)(d) -- Scope - Criminal misconduct - Offence of criminal misconduct is committed by a public servant when he abuses his position and obtains for himself or for any other person any valuable thing or pecuniary advantage or while holding office as a public servant, obtains for any person any valuable thing or pecuniary..........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Conviction - Appeal - Suspension of sentence - Complainant turned hostile and admitted that applicant had not demanded any bribe - Trap money was provided by advocate of ship breaking companies which were aggrieved by levy of huge amount of tax - Trap..........
Criminal Procedure Code, 1973, Section 378, Prevention of Corruption Act, 1988, Section 11, 13(2), 13(1)(d) -..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(e), 13(2), 7, Indian Penal Code, 1860, Section 409, 420, 471 -- Illegal gratification - An employee of co-operative Bank is a `public servant' and is liable to be prosecuted for an offence under Prevention of Corruption Act...........
Prevention of Corruption Act, 1988, Section 13, 7 -- Sentence - Reduction of - Sessions Judge sentenced accused to undergo rigorous imprisonment for a term of two years and to pay fine of Rs.10.000/- for offences punishable u/s 7 of P.C. Act and to undergo rigorous imprisonment for four years and to pay a fine of Rs.15,000/- for offences punishable u/s 13(1)(d) r/w S.13(2)..........
