Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Recovery of tainted notes from the floor - Admittedly, when the trap party entered, accused was holding the notes in his hands and on seeing trap party, he dropped the notes on the floor - Recovery of tainted currency notes from the floor has been clearly explained by prosecution - Since,..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - When the factum of demand is not proved, complaint and subsequent recovery of amount from accused on the date of trap cannot form basis to convict accused - Accused acquitted by giving benefit of doubt...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Evidence Act, 1872, Section 114(g) -- Illegal gratification - Demand and acceptance - Adverse inference - Reason for demand of bribe is execution of eight works by PW1 - Details of works were available according to PW1 - However, such proof was not produced - Adverse inference has to be drawn against..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Genesis of demand is the completion of eight works which were entrusted to PW1 and outstanding to be paid for said works - However, details of said eight works for which amount was pending were not provided by PW1 nor investigated by PW8 - Officials examined..........
Prevention of Corruption Act, 1988, Section 13(1)(b), 13(2) -- Offence u/ss 13(1)(b), 13(2) of P.C Act - Quashing of FIR - Source report for registering FIR is different from authorization issued by Superintendent of police and source report sent by police inspector and date also differs - Registration of FIR and issuing authorization is non-application of mind - FIR..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Accused accepted the receipt of amount of Rs.20,000, however, stated that said amount was towards loan that was asked by accused and complainant agreed to provide said loan - Reason for which loan was sought is not explained - No promissory note was executed nor any receipt - Answer given to DSP..........
Prevention of Corruption Act, 1988, Section 7(a) -- Illegal gratification - Accused though exonerated from departmental proceedings yet competent authority proceeded to accord sanction for prosecution - Said fact was not considered by High Court while quashing FIR - Moreover, continuation of trial was not on the very same evidence as what weighed with authorities in..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2003, Section 45, 3, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 109 -- Bail - Offence u/s 3 of PMLA and Ss. 13(1)(e), 13(2) of P.C. Act - Accused failed to satisfy that there are reasonable grounds for believing that they are not guilty of..........
Prevention of Corruption Act, 1988, Section 2(c), Banking Regulation Act, 1949, Section 460A, Indian Penal Code, 1860, Section 21 -- Public servant - Managing Director and Executive Director of a banking company operating under licence issued by Reserve Bank of India, are public servants, as such they cannot be excluded from definition of `public servant'...........
Prevention of Corruption Act, 1988, Section 313(2), 13(1)(d) -- Illegal gratification - Discharge - Allegations levelled against accused in the charge-sheet is that they misused their official position while they were entrusted with the public money being the Chairman and Managing Director and Executive Director respectively of Bank - However, truthfulness or otherwise of..........
