Prevention of Corruption Act, 1947, Section 5(2) -- Illegal gratification - Exoneration in departmental proceedings - Do not lead to the conclusion that accused was not guilty of commission of the offences wherefor he was charged...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Caste of accused not disclosed in FIR - In no case the police officer can register an offence if caste of complainant or accused is not mentioned in the complaint...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- FIR lodged for offence committed under SCST Act - Quashing of FIR - FIR should not only disclose the caste of the complainant but it must also disclose the caste of the accused - Caste of accused not disclosed - FIR quashed...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Caste of accused not disclosed in FIR - Contention that when caste of complainant is disclosed and it is alleged that he was abused on the basis of the caste, he is the person who does not belong to Scheduled Caste - Held, such an inference cannot be drawn - Caste of accused not..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Caste of accused - From name of a person inference of caste cannot be drawn - Surnames at times are deceptive as such surname cannot be a guide to find caste of a person - Caste of accused not disclosed in FIR - FIR quashed...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- Offence under SCST Act took place inside a cabin - To constitute an offence under the Act incident of insult or intimidation has to occur in place accessible to and in the presence of the public - Cabin where offence took place not..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(c)(d), 13(2), 14, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - One of the accused had acquired lot of wealth - Appear to have a key role in the alleged scam - Had appeared before Vigilance Bureau many times but investigation could not progress - No political rivalry or any past history of enmity..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(c)(d), 13(2), 14, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Two petitioners added under the directions of his master - No allegation against them that they paid any bribe to any functionary of the Trust or the State Govt. - Anticipatory bail granted to both of them...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(c)(d), 13(2), 14, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - One of the petitioner appear to have been falsely implicated merely on the ground of suspicion and there was no material whatsoever to substantiate the allegations against him - Anticipatory bail granted...........
Indian Penal Code, 1860, Section 420, 468, 465, 471, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Reduction in sentence - Accused convicted to two years RI each for offence u/ss 420 and 468 IPC, RI for six months each for offence u/ss 465 and 471 IPC and RI for two years for offence punishable u/s 13(2) r/w S.13(1)(d) Prevention of Corruption Act -..........
