Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Demand and acceptance - Twin conditions i.e. 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/s 7 of the Act - In order to bring accused to book, prosecution has to..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Demand and acceptance - Trap money was recovered from drawer of co-accused - Appellant was a clerk in Bank who had neither any authority to sanction loan nor work of loan sanction was pending before him - Record reveals that no work of complainant was pending with appellant, neither on the date of..........
Prevention of Corruption Act, 1988, Section 17 -- Offence under PC Act - Person authorised to investigate - Jurisdiction of CBI - CBI is authorised to register FIR alleging offences under PC Act and investigate such offences...........
Prevention of Corruption Act, 1988, Section 3, 4 -- Special Court - Non-PC Act offences - Jurisdiction of Special Court to try non-PC Act offences is dependent on existence of trial of PC Act, which is interrelated with non-PC Act offences...........
Prevention of Corruption Act, 1988, Section 17 -- Person authorised to investigate - Non-PC Act offences - Officer empowered to investigate u/s 17 PC Act gets jurisdiction to investigate non-PC Act offences when those offences are connected with PC Act offences...........
Prevention of Corruption Act, 1988, Section 17 -- Person authorised to investigate - Investigation of non-PC Act offences - Jurisdiction of investigation officer to investigate non-PC Act offences depends upon existence of FIR alleging offence under PC Act...........
Prevention of Corruption Act, 1988, Section 17 -- Person authorised to investigate - Non-PC Act offences - Where investigation agency finds that offence under PC Act is not revealed, investigation shall end in report u/s 173(2) Cr.P.C revealing non-PC Act offences, and such report shall be submitted before a competent jurisdictional Magistrate to proceed further...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 465, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1), 13(2) -- Bail - Cheating - Investigation of case based on documentary evidence, is complete - Entire incrimination evidence collected against petitioner is already part of challan which stands presented before..........
Indian Penal Code, 1860, Section 409, 420, 477A, 109, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), 13(1)(d), 18A, Criminal Procedure Code, 1973, Section 102 -- Offence u/ss. 409, 420, 477A, 109, 120B IPC and 13(2), 13(1)(c), 13(1)(d) PC Act - Freezing of bank account - Petitioner alleged that bank account cannot be frozen u/s 102 Cr.P.C after..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Allegation that accused being Bill Collector demanded bribe of Rs.3000 from complainant for change of khatha in the name of complainant - Handling of tainted currency by appellant established by prosecution - Admittedly, no defence evidence placed on record nor..........
