Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Demand and acceptance - Recovery of each and every money on trap would not satisfy requirement of gratification unless money was being paid for discharge of official duty pending with accused...........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Demand and acceptance - Twin conditions i.e. 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/s 7 of the Act - In order to bring accused to book, prosecution has to..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Demand and acceptance - Trap money was recovered from drawer of co-accused - Appellant was a clerk in Bank who had neither any authority to sanction loan nor work of loan sanction was pending before him - Record reveals that no work of complainant was pending with appellant, neither on the date of..........
Succession Act, 1925, Section 229, 230, 231 -- Will - Letters of administration - Where Executor is not a legatee special citation is required to be issued granting opportunity to accept or renounce executorship - However when executor is a successor in intestacy special citation may not be issued as upon issuance of general citation executor has an opportunity to take a..........
Succession Act, 1925, Section 229, 230, 231 -- Will - Letters of administration - Executor of Will did not take any steps to obtain probate of Will - Executor disputed validity of Will and contended that testator was not in sound mind at the time of execution of Will and was suffering from different ailments since early 1995 and had no capacity to dispose - Thus, in such..........
Will -- Proof of - Evidence of two attesting witnesses goes to establish that testator was capable of making Wills as per S.59 of Succession Act - Same was executed in accordance with provisions contained in S.63 of Succession Act and proof of Execution of Will was in accordance with S.68 of Evidence Act - Executor although has alleged that testator was not in sound state..........
Prevention of Corruption Act, 1988, Section 17 -- Offence under PC Act - Person authorised to investigate - Jurisdiction of CBI - CBI is authorised to register FIR alleging offences under PC Act and investigate such offences...........
Prevention of Corruption Act, 1988, Section 3, 4 -- Special Court - Non-PC Act offences - Jurisdiction of Special Court to try non-PC Act offences is dependent on existence of trial of PC Act, which is interrelated with non-PC Act offences...........
Prevention of Corruption Act, 1988, Section 17 -- Person authorised to investigate - Non-PC Act offences - Officer empowered to investigate u/s 17 PC Act gets jurisdiction to investigate non-PC Act offences when those offences are connected with PC Act offences...........
Prevention of Corruption Act, 1988, Section 17 -- Person authorised to investigate - Investigation of non-PC Act offences - Jurisdiction of investigation officer to investigate non-PC Act offences depends upon existence of FIR alleging offence under PC Act...........
