Criminal Procedure Code, 1973, Section 482, Drugs and Cosmetics Act, 1940, Section 18(c), Drugs and Cosmetics Rules, 1945, Rule 65(5)(1)(b) -- Quashing of a criminal complaint - Impugned substance is solely used for drug manufacture, even then, the Appellants would not be liable under the Drugs and Cosmetics Act, 1940 since the Appellants already have the necessary..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), (ii) -- Illegal gratification - Where complainant turns hostile or has died or is unavailable to let in his evidence during trial, demand of illegal gratification can be proved by letting in the evidence of any other witness who can again let in evidence, either orally or by documentary evidence or prosecution can..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), (ii) -- Illegal gratification - Demand and acceptance - In order to prove fact in issue i.e demand and acceptance of illegal gratification following aspects have to be borne in mind: (i) If there is an offer to pay bribe giver without there being any demand from public servant and latter simply accepts the offer..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), (ii) -- Illegal gratification - Demand and acceptance - Proof of demand and acceptance of illegal gratification by a public servant as a fact in issue by prosecution is a sine qua non in order to establish guilt of accused/public servant u/ss 7, 13(1)(d)(i), (ii) of the Act...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - In the absence of evidence of the complainant (direct/primary, oral/documentary evidence) it is permissible to draw an inferential deduction of culpability/guilt of a public servant u/s 7 and S.13(1)(d) r/w S.13(2) of the Act based on other evidence adduced by the prosecution...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Law as to - Analysed...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), 13(1)(d)(ii) -- Illegal gratification - Where complainant turns hostile or has died or is unavailable to let in his evidence during trial, demand of illegal gratification can be proved by letting in the evidence of any other witness who can again let in evidence, either orally or by documentary evidence or..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), 13(1)(d)(ii) -- Illegal gratification - Demand and acceptance - In order to prove fact in issue i.e demand and acceptance of illegal gratification following aspects have to be borne in mind: (i) If there is an offer to pay bribe giver without there being any demand from public servant and latter simply accepts the..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), 13(1)(d)(ii) -- Illegal gratification - Demand and acceptance - Proof of demand and acceptance of illegal gratification by a public servant as a fact in issue by prosecution is a sine qua non in order to establish guilt of accused/public servant u/ss 7, 13(1)(d)(i), (ii) of the Act...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - In the absence of evidence of the complainant (direct/primary, oral/documentary evidence) it is permissible to draw an inferential deduction of culpability/guilt of a public servant u/s 7 and S.13(1)(d) r/w S.13(2) of the Act based on other evidence adduced by the prosecution...........
