Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Competent authority has to record reasons by applying independent mind while granting sanction to prosecute a public servant...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanction granted and draft to grant sanction are ad verbatim - Managing Director without any application of mind accepted request of Superintendent of Police ACB to grant prosecution sanction against accused which is contrary to requirement and object of S.19 of the Act - Sanction granted for..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 109, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Interim bail during pendency of appeal - Appeal against conviction - Assets disproportionate to known source of income - Accused is a lady, who has already undergone 2 years and 9 months sentence - Interim bail granted to accused..........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Discharge - Offence u/ss 13(1)(d), 13(2) of the Act - Allegation relating to accused's disproportionate income in the period between 1974 and 1988 was levelled in an FIR filed 12 years after said period concluded - Charge sheet was filed seven years after registration..........
Indian Penal Code, 1860, Section 420, 409, 474, 471, 477A, 109, 120B, Prevention of Corruption Act, 1988, Section 13(i)(d), 7 -- Selling and using bus tickets got printed by the accused of their own and thus causing loss to the Govt. - Recovery of tickets not made in accordance with law, nor the seized tickets could be connected to the three different buses and the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 419, 465, 466, 471, Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), 13(2) -- Bail - Offence u/ss 409, 419, 465, 466, 471 IPC and Ss.13(1)(c), 13(1)(d), 13(2) of P.C Act - Socio-economic offence - Petitioner had joined the investigation as and when called by CBI - CBI not..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Neither there is any record to establish that demand was made by accused nor money was accepted by accused - No material on record to substantiate allegations made in complaint to bring case of prosecution within ambit of S.7(a), (b), (c) of the Act - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 482, 397 -- Cheating - Quashing of order of framing charge - Prima facie case against petitioner cannot be ruled out considering material on record - Petitioner utterly failed to point out what is causing grave miscarriage of..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Acquittal - Absence of any proof with regard to demand and acceptance of illegal gratification - No case is made out for grant to appeal - Accused rightly acquitted...........
Prevention of Corruption Act, 1988, Section 7, 20 -- Illegal gratification - Demand of illegal gratification is sine qua non to constitute offence u/s 7 of the Act - In absence of such a demand presumption u/s 20 of the Act cannot be made against accused...........
