Indian Penal Code, 1860, Section 161, Prevention of Corruption Act, 1988, Section 7(2) -- Illegal gratification - Conviction - Sentence - Incident seven years old - Accused suffered custody for six months - Minimum sentence prescribed six months - Period of sentence reduced to period already undergone...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Illegal gratification - Sanction for prosecution - Refusal - Review of order - Held, sanctioning authority can review its order and grant sanction if some new material comes to its notice which was not available when earlier decision was taken...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 20 -- Illegal gratification - Preponderance of probability - Accused clearly establishing that money was planted by complainant when he visited accused`s house on tea - Mere recovery of money from house of accused is not sufficient to convict him for the offence - In absence of cogent evidence that public servant..........
Civil Procedure Code, 1908, Section 151 -- Inherent power - Selling same site to different persons - Illegal act of House Building Society - Court in such cases can exercise its inherent power to direct delinquent society to make good loss suffered by member even when no such prayer is made by party duped by society...........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Quashing of complaint - Pre-mature complaint - Cause of action arises only after expiry of 15 days of service of notice - In instant case, Magistrate taken cognizance before arising of cause of action - Cognizance and complaint illegal - Complaint..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), 7 -- Illegal gratification - Demand of bribe by accused - Co-accused working in office of accused counted money kept on table as per direction of his immediate authority - No allegation against co-accused as to demand of illegal gratification or that he received money in lieu thereof - Held, co-accused had no..........
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...........
Court Fees Act, 1870, Section 7(iv)(c), Article 1 -- Suit for specific performance - Execution of subsequent sale deeds challenged - Declaration sought that the sale deeds in favour of other defendants illegal, null & void - Claimed decree of mandatory injunction to execute and register sale deed in favour of plaintiff - Case not covered u/s 7(iv)(c) - Provisions of..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Complainant handing bribe money to co-accused at the asking of accused - Co-accused acquitted - There was no material to show that co-accused had knowledge regarding money being bribe money - Moreover co-accused had no role to do any favour...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Petitioners/Junior Engineers in Electricity Dept., alleged to have committed offences u/ss 447, 323, 504 and 379, IPC - Petitioners allegedly took away generator sets during raid conducted on premises of complainant - Held, petitioners being officers of Electricity Department had gone to conduct raid..........
