Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(2) -- Offense of corruption - Proof of - Held, prosecution is required to prove that there was demand of illegal gratification and voluntary payment of bribe, acceptance of illegal gratification by the accused for reason other than the motive or reward are essential ingredients of the offense of corruption punishable..........
Criminal Procedure Code, 1973, Section 306, 460(g) -- Illegal gratification - Grant of pardon - Power of Magistrate - Magistrate tendered pardon to respondents No.3, 4 - Challenge thereto - There is no specific averment in petition raising grievance against procedural illegality committed by Magistrate while granting pardon - Grievance has been raised regarding..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Mere recovery of tainted money is not sufficient to record a conviction unless there is evidence that bribe was demanded or money was paid voluntarily as a bribe ...........
Prevention of Corruption Act, 1988, Section 7,20 -- Illegal gratification - Presumption against accused - Rebuttal - Held, statutory presumption u/s 20 of the Act can be dislodged by accused by bringing on record some evidence, either direct or circumstantial, that money was accepted other than motive or reward as stipulated u/s 7 of the Act - It is obligatory on part of..........
Prevention of Corruption Act, 1988, Section 7,20, Constitution of India, 1950, Article 142 -- Illegal gratification - Minimum sentence - Reduction therefrom - Jurisdiction under Art.142 - Exercise of - Held, where minimum sentence is provided, it would not be at all appropriate to exercise jurisdiction under Art.142 of the constitution of India to reduce sentence on..........
Prevention of Corruption Act, 1988, Section 19(1)(c) -- Sanction for prosecution - Refused - Subsequently sanctioning authority reconsidered and granted sanction to prosecute - Plea that sanctioning authority has no jurisdiction to review its earlier order - Authority exercising statutory jurisdiction should discuss the material and evidence brought on record and then to..........
Prevention of Corruption Act, 1988, Section 19(1)(c) -- Sanction for prosecution - Review of sanction order on the same material is impermissible...........
Prevention of Corruption Act, 1988, Section 19(1)(c) -- Sanction for prosecution - Authority exercising statutory jurisdiction should discuss the material and evidence brought on record and then to record the valid grounds, for forming a definite opinion that no ground to grant sanction is made out - Such orders must be informed by reasons, fair, clear and must be..........
Prevention of Corruption Act, 1988, Section 19(1)(c) -- Sanction for prosecution - Criminal prosecution cannot be assailed or set aside on the ground of any error or irregularity in the sanction order unless the sanction order occasions or results in failure of justice and prejudices the case of accused in any manner...........
Prevention of Corruption Act, 1988, Section 19(1)(c) -- Sanction for prosecution - Accused retired from service - Now no sanction is legally required to prosecute him u/s 19(1) (c) of the Act...........
