Prevention of Corruption Act, 1988, Section 2(c)(ix) -- Public servant - Registrar of Societies cannot expand definition of public servant by issuing Circular thereby bringing all employees of all Co-operative Societies within fold of the Act, as it is completely in the domain of legislature to define or lend a meaning to the terms of the Act - Circular struck down being..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7, 12, 13(2), 13(1)(d) -- Third bail application - Illegal gratification - There is no change of circumstances, since rejection of second bail application of accused, except period of detention - Keeping in view the fact that bribe money of..........
Criminal Procedure Code, 1973, Section 482, 216, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Quashing of Order - Order altering charge u/s 7 to Ss.13(1)(d), 13(2) of P. C Act - Charge altered on application of prosecution - Trial Court has not suo moto invoked its jurisdiction and thus, failed to exercise jurisdiction available to it - Impugned order..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 186, 353, 342, 506, 34 -- Quashing of proceedings - Compromise - Offence u/ss 186, 353, 342, 506, 34 IPC - Compromise entered into between parties, which is genuine, voluntary, without any coercion or undue influence - Offences in question are not heinous offences or serious offence of mental..........
Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 409, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Retired public servant - No sanction is required to prosecute a public servant who has ceased to hold office when prosecution is for offences under P.C Act...........
Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 409, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Where cognizance is taken by trial Court and charge sheet is already filed, prior sanction which is indirectly a shield provided to government servants to protect them for..........
Banking service -- Transfer order - Judicial review - Respondent transferred from one Branch of Bank to other as she made reports about irregularities and corruption at her branch and her complaints against an officer who sexually harassed her - Internal Complaints Committee (ICC) of Bank constituted but there was a fundamental defect in constitution of ICC set up by Bank..........
Service -- Show cause notice - Imposition of penalty of reduction of basic pay to minimum of time scale pursuant to disciplinary enquiry - Subsequent show cause notice proposing removal from service in view of conviction under Prevention of Corruption Act and under IPC - Issuance of show cause notice, held, proper...........
Prevention of Corruption Act, 1988, Section 19, 13(1)(c), 13(2), Indian Penal Code, 1860, Section 465, 467, 468, 471, 201, 408, 120B -- Sanction for prosecution - Offence u/ss 13(1)(c), 13(2) of PC Act and Ss.465, 467, 468, 471, 201, 408, 120-B IPC - Acts done in discharge of official duty - Can only be decided when evidence is led - At the initial stage it need not to be..........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Discharge - Illegal gratification - Demand of bribe was backed by a false bill in respect of a work already executed by another - Uncontroverted allegation establishes offence prima facie - A grave suspicion is disclosed from detection of tainted money after trap..........
