Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - A-1 & A-2 demanded Rs.2000 from complainant for withdrawal of demand notice for payment of Excise duty, which was illegally issued by A-1 - Tainted money was recovered from A-2 as A-1 was absent from office at the time of acceptance - Although both the accused..........
Conversion and reconversion -- To claim benefit of Caste certificate on reconversion - Three things need to be established to claim benefit of caste certificate are : (i) there must be absolutely clear cut proof that he belongs to the caste that has been recognised by the Constitution (Scheduled Castes) Order, 1950; (ii) there has been reconversion to the original..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused convicted though complainant turned hostile and stated that no money was demanded by accused, as other cogent evidence regarding demand and acceptance proved against him - Accused rightly convicted...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused apprehended for acceptance of bribe amount of Rs.300 which he demanded from complainant for clearance of pension dues - Complainant turned hostile and stated that bribe was not demanded by accused - Accused convicted despite hostile statement of complainant as accused himself..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d), 5(2), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Accused being assistant in DT office allegedly demanded bribe from complainant for registration of vehicle - No evidence on record that complainant was real owner of vehicle - Genesis of illegal demand is not proved on record - Even motive..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Conviction for - Challenge against - Authority demanding money for mutation of name of complainant in land revenue records - Complainant through evidence clearly establishing twin requirement of demand of money and acceptance of same - Complainant through evidence established that ten..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to counter claim - Opportunity sought to file written statement when case was fixed for arguments, which was after a gap of eight years - Written statement not filed due to inadvertent oversight on the part of Advocate and was not actuated by any mala fide - Refusal to condone delay will cause serious..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Evidence on record shows that amount said to have been claimed by accused appears to be restoration charges which has to be collected from complainant - Evidence of complainant was not consistent regarding dates on which amount was demanded and paid - Both decoy and trap witnesses..........
Will -- Proof of - Where the surrounding factors lend themselves to a legitimate acceptance of validity of Will, it cannot be dislodged merely because propounder has not explained its discovery...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused allegedly demanded Rs.1500 from complainant but he paid only 250 out of which accused returned 50 to complainant as he had no money left - It casts a serious shadow of doubt on sequence of events - None of PWs actually deposed that accused demanded and accepted bribe money -..........
