Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - There is a legal impediment to prosecute a public servant for corruption, if there is no sanction...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Merely because there is any omission, error or irregularity in the matter of granting sanction, that does not affect validity of proceedings unless Court records its own satisfaction that such error, omission or irregularity has resulted in a failure of justice...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - If a draft order is placed before sanctioning authority and he is satisfied that nothing needs to be added/deleted therefrom, grant of sanction cannot be faulted merely on the ground of absence of addition of words or deletion of words from the draft...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Investigation - Police officer not below the rank of an Inspector of Police may investigate any offence punishable under the Act as per Government order - PW4 conducted investigation being an officer of rank of Inspector of Police in the Anti-Corruption Branch - It cannot be said that..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Demand has been proved without a doubt - Evidence of seizure witness had been found creditworthy as his version in-chief was not shaken after thorough cross-examination - His evidence need not be discarded merely because he was related to complainant - Even..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Reduction of sentence - Considering date of incident of offence, advanced age of appellant, mental anxiety and continued stress that he must have experienced by pendency of proceedings, imposition of sentence of prison term for minimum period would sufficiently serve the interests of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Trust property - Defendant sold his share in trust property - Plaintiff wanted to declare sale deed as null and void - Plaintiff had not sought any relief under Rajasthan Public Trust Act - Civil Court has power to declare said sale deed as null and void - Application..........
Indian Penal Code, 1860, Section 420, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Act of company creating/establishing shell companies and circulating monetary transactions through these companies itself was an indicator of an intention of deceit - High Court committed error by quashing proceedings on the premise that there were..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Once competent authority, after due application of mind to material submitted by investigating agency, declines to grant sanction, embargo u/s 19(1) of the Act becomes operative and bars Court from taking cognizance of offence...........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Mere allegation that an act was done on behalf of another, without any concrete material to establish a prior meeting of minds or common design, cannot suffice to sustain a charge u/s 120-B IPC - Law demands a higher threshold of proof to establish existence of a criminal conspiracy...........
