Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Voluntary and conscious acceptance of money - When amount is found to have been passed to the public servant the burden is on public servant to establish that it was not by way of illegal gratification...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Preventive detention - Export-import violations - A document is relevant for consideration the case of a person for preventive detention if it relates to or has a bearing on either of the following two issues : (a) Whether the detenu had indulged in smuggling or other activities..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Illegal gratification - Public servant - Sanction for prosecution - Material for sanction - Adequacy or inadequacy of material before sanctioning authority cannot be looked into by Court...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Illegal gratification - Public servant - Sanction for prosecution - Some of the materials on the basis of which sanction was granted not proved - Do not vitiate the order of sanction...........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Accused caught red handed while taking bribe - Acceptance of bribe video graphed using departmental Video Camera - Conviction by trial Court - High Court upheld conviction - No reason to disagree with findings of trial Court and High Court...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Corruption case - Illegal gratification - Minimum sentence - Minimum punishment u/s 7 is six months and the minimum punishment u/s 13(1)(d) is one year - If an offence falls under both Sections 7 and 13(1)(d) and court wants to award only the minimum punishment, then the punishment would be one year...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d), Indian Penal Code, 1860, Section 107 -- Illegal gratification - Accepting bribe money on behalf of co-accused - No demand by accused on behalf of co-accused - Accused not in hand-in-glove with co-accused and also not getting share out of bribe amount - Accused acquitted...........
Prevention of Corruption Act, 1988, Section 7, 13(1), 13(2), Evidence Act, 1872, Section 3 -- Illegal gratification - Demand and acceptance - Not corroborated by any witness - Variations between statement of complainant and evidence of witnesses - Acquittal, held, proper...........
Telegraph Act, 1885, Section 25(c), 20A, 2(1AA), Indian Penal Code, 1860, Section 425 -- Framing of charge - Challenge as to - Illegal utilisation of leased data circuits by bypassing the VSNL gateway by petitioners -Allegations contained in the FIR and the charge-sheet indicate the usage of MTNL lines would come within the definition of utilisation of any telegraph..........
Prevention of Corruption Act, 1947, Section 6(1), Prevention of Corruption Act, 1988, Section 19(3) -- Illegal gratification - Sanction for prosecution - Material, statement of witnesses, documents and FIR should be placed before the sanctioning authority for due appreciation of the correct situation - In absence of evidence that evidence and materials were placed before..........
