Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - In the absence of evidence of the complainant (direct/primary, oral/documentary evidence) it is permissible to draw an inferential deduction of culpability/guilt of a public servant u/s 7 and S.13(1)(d) r/w S.13(2) of the Act based on other evidence adduced by the prosecution...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), 13(1)(d)(ii) -- Illegal gratification - Where complainant turns hostile or has died or is unavailable to let in his evidence during trial, demand of illegal gratification can be proved by letting in the evidence of any other witness who can again let in evidence, either orally or by documentary evidence or..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), 13(1)(d)(ii) -- Illegal gratification - Demand and acceptance - In order to prove fact in issue i.e demand and acceptance of illegal gratification following aspects have to be borne in mind: (i) If there is an offer to pay bribe giver without there being any demand from public servant and latter simply accepts the..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i), 13(1)(d)(ii) -- Illegal gratification - Demand and acceptance - 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/ss 7, 13(1)(d)(i), (ii) of the Act...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - In the absence of evidence of the complainant (direct/primary, oral/documentary evidence) it is permissible to draw an inferential deduction of culpability/guilt of a public servant u/s 7 and S.13(1)(d) r/w S.13(2) of the Act based on other evidence adduced by the prosecution...........
Motor Vehicles Act, 1988, Section 166 -- Road Accident - Delay in disposal of claim cases - Directions issued: (i) On receiving the intimation regarding road accident by use of a motor vehicle at public place, SHO concerned shall take steps as per S.159 of the M.V. Amendment Act; (ii) After registering the FIR, I.O shall take recourse as specified in the M.V. Amendment..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - At the stage when case is fixed for rebuttal evidence and arguments - Documents in question/jamabandis could not be produced earlier due to non-availability of Urdu records and its Hindi transaction - Moreover, Jamabandis sought to be led in evidence are public documents and would certainly enable Court to..........
Criminal Procedure Code, 1973, Section 110 -- Notice u/s 110 Cr.P.C - Mandate of S.110 Cr.P.C is not complied by issuing a show cause notice prior to issuance of notice u/s 110 Cr.P.C - Magistrate without making an enquiry on report and objection of petitioners, had directed petitioner to give security - Petitioners were not given an opportunity to defend themselves with..........
Service -- Selection process - Challenge as to - Uniform criteria had been applied by Commission which it had fixed well in advance before date of interview - Cut off percentage as such was also fixed after criteria had already been fixed - No such averments were made that criteria was adopted for purposes of selecting a certain set of persons - Merely because petitioner..........
Service -- Selection process - Challenge as to - In absence of any mala fides pleaded against selection process as such and on account of criteria not having put in public domain would not be a case as such to interfere in selection process of 109 appointees who were all similarly placed and were on the same pedestal while seeking consideration for appointment...........
