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..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), Indian Penal Code, 1860, Section 406 -- Corruption case - Public servant - Sanction for prosecution - Held, sanction of State Govt. is required only when alleged offence is committed by public servant while acting or purporting to act in discharge of his official duty - If..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Fourth bail application - Petitioner filed fourth bail application after a short period from the date of consideration of third bail application - Petitioner caught red handed for taking bribe - Held, it would neither be in the interest of justice nor in the interest of society at large to reconsider question of bail to..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Mere recovery by itself cannot prove the charge of prosecution against the accused, in the absence of any evidence to prove payment of bribe or to show the accused voluntarily accepted the money knowing it to be bribe...........
Prevention of Corruption Act, 1988, Section 7,13(2) -- Illegal gratification - Witnesses who were privy to the demand and receipt of bribe resiled - None of the official witnesses who were waiting about a furlong away competent to speak about demand and acceptance of bribe - Mere recovery of tainted currency notes from the possession of accused do not constitute an offence..........
Insurance claim -- Repudiation - Surveyor-'s report - Respondent unable to make available stock of paddy for inspection which was allegedly affected by rain and cyclone though the Surveyor visited the site soon after alleged cyclone/rain - Observation in his report by the Surveyor that from photographs it was not possible for him to conclude that the cyclone/rain water had..........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 13(1)(d), 7, 8, 12, Indian Penal Code, 1860, Section 120B -- Bail - Offence u/ss 13(1)(d), 7, 8 & 12 Prevention of Corruption Act and S.120-B IPC - Prosecution could not show the basic requirement of mens rea to accept and receive bribe so as to bring it within the ambit of Act of 1988..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 20, Prevention of Corruption Act, 1988, Section 13(1)(d) -- Bribe - Presumption as to guilt - Onus to prove innocence - Complainant died before recording of his statement - Demand, acceptance and recovery proved by shadow witness - Complainant handed over currency notes to Inspector Police who recorded statement of..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 20, Prevention of Corruption Act, 1988, Section 13(1)(d) -- Demand of bribe - Proof - Demand, acceptance and recovery proved - One witness not completely supported prosecution case and turned hostile in respect of demand of bribe - Held, same will not belie otherwise convincing and cogent testimony of shadow witness -..........
Prevention of Corruption Act, 1988, Section 7, 13(d)(ii) -- Illegal gratification - Acceptance of - Proof - Complainant has not properly explained about acceptance of bribe money on part of accused - Complaint lodged by complainant is clearly revealed that accused made demand of Rs.10000/- towards illegal gratification - Marks of anthracene powder on body and also on pant..........
