Prevention of Corruption Act, 1988, Section 5(1)(d), 5(2) -- Illegal gratification - In absence of demand and acceptance of illegal gratification being proved by the prosecution, merely on the basis of recovery of tainted amount from him, accused cannot be convicted under the special provision...........
Prevention of Corruption Act, 1988, Section 19(1)(c) -..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 13(2) -- r/w 13(1)(c)(d), Indian Penal Code, 1860 - Anticipatory Bail - Allegation of providing benefit to the candidates for appointment by interview board for gain - Appellant had been a regular expert in the Selection Committees of UGC, AICTE, ICSSR and other Universities -..........
Criminal Procedure Code, 1973, Section 389, Representation of the Peoples Act, 1951, Section 8 -- Stay of conviction - Honour killing - Honour killing by Mukhiya alongwith family - Appellant/Mukhiya, has been charged u/ss 120B, 302/34 and 149 of IPC and after trial convicted - Appeal filed praying for stay of conviction - Held, if appellant/Mukhiya is held to be absolved..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), 20 - - Possession of assets disproportionate to known sources of income - Framing of charge - Quashing of - Held, while exercising power u/s 482 Cr.P.C., scope of interference is very limited - High Court will not delve into the..........
Indian Penal Code, 1860, Section 120B,420, Prevention of Corruption Act, 1988, Section 13(2) -- of Prevention of Corruption Act - r/w ,S. 13(1)(d) - IPC and ,S. 13(2) - r/w 13(1)(d) Offence u/s 120-B r/w ,S. 420 - Quashing of proceedings - Offence committed in a pre-planned manner in furtherance of criminal conspiracy by way of playing fraud and cheating has been done..........
Prevention of Corruption Act, 1988, Section 7,13,2(c)(i), Stamp Act, 1899, Section 69 -- Stamp vendor selling stamps for a higher price than the face value - Delhi Province Stamp Rules 1934, R. 28 - Licensed stamp vendor is a `public servant' within the meaning of S.2(c) (i) of the Act as he gets commission from Govt. for selling stamps which otherwise is the duty and..........
Prevention of Corruption Act, 1988, Section 19(1)(c), Police Act, 1861, Section 46, Bihar Police Manual, Rule 825 -- Sanction for prosecution - Grant of - Competent authority - Held, sanction for prosecution can be granted by an authority competent to remove concerned public servant...........
Criminal Procedure Code, 1973, Section 190, Prevention of Corruption Act, 1988, Section 19(3) -- Cases under P.C.Act - Stay of proceedings - Power of court - Held, in view of law laid down by Apex Court as well as the statutory provisions contained u/s 19(3) of P.C. Act, 1988, it is clear that no Court, whether it is Subordinate Court or Superior Court can pass an order of..........
Prevention of Corruption Act, 1947, Section 5(2),5(1)(E) -- Conviction u/s 5(2) r/w 5(1)(E) of Prevention of Corruption Act - Appellant at present nearly 83 years of age - No useful purpose would be served by sending him to jail at this stage - Sentence reduced to already undergone - Fine amount increased from Rs.25,000/- to Rs.1,00,000/- (One lac) ...........
