Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 439 -- Disproportionate assets - Grant of bail - Petitioner alleged to have amassed huge assets by corrupt and illegal means disproportionate to his known sources of income - Charge-sheet filed against him for offences u/s.13(2) r/w S.13(1)(e) of the PC Act, 1988 - Income..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 7, 13(2), Criminal Procedure Code, 1973, Section 306, 460 -- Corruption case - Grant of pardon to accused - Held, both Magistrate as well as Special Judge has concurrent jurisdiction in granting pardon u/s 306 Cr.P.C. while investigation is going on - But, where Magistrate has exercised his jurisdiction u/s 306 Cr.P.C.,..........
Prevention of Corruption Act, 1988, Section 3(1) -- Offence under the Act - Held, an offence under PC Act can be committed by either a public servant or a private person or a combination of both - Existence of a public servant for facing trial before Special Court is not must and even in his absence private persons can be tried for PC as well as no, PC offences depending..........
Prevention of Corruption Act, 1988, Section 3(1), 4(3) -- Non-PC offences - Jurisdiction of Special Judge - Held, Special Judge exercising powers under PC Act is not expected to try no, PC offences totally unconnected with any PC offences u/s.3(1) of PC Act - In event of Special Judge not trying any offence u/s.3(1) of PC Act, question of Special Judge trying no, PC..........
Prevention of Corruption Act, 1988, Section 4(3) -- PC and no, PC offences - Public servant and no, public servant both charged with PC and no, PC offences - Death of public servant during trial - Jurisdiction of Special Judge - Held, once power has been exercised by Special Judge u/s.4(3) of PC Act to proceed against no, PC offences along with PC offences, mere fact that..........
Prevention of Corruption Act, 1988, Section 4(3), 13(2), 13(1), Indian Penal Code, 1860, Section 120B, 420 -- Case registered against sole public servant and no, public servants u/ss 120-B, 420 IPC r/w S.13(2) & 13(1) of PC Act - Death of sole public servant before framing of charges - No PC offence committed by any of no, public servants - Held, Special Judge had no..........
Delhi Special Police Establishment Act, 1946, Section 6A -- High ranking officers - Offence under PC Act, 1988 - Investigation by CBI - Monitoring by Court - Held, approval of Central Government is not necessary u/s.6A of DSPE Act in a matter where inquiry/investigation into crime under PC Act is being monitored by Supreme Court...........
Delhi Special Police Establishment Act, 1946, Section 6A -- High ranking officers - Offence under PC Act, 1988 - Investigation by CBI - Monitoring by Court - Held, S.6-A cannot be interpreted in light of Office Memorandum which can be withdrawn, modified and amended at whim of executive...........
Prevention of Corruption Act, 1947, Section 5(1)(d), 5(2) -- Illegal gratification - Demand or acceptance - Proof - Held, recovery itself does not indicate demand or acceptance - To satisfy ingredients of S.5(2) r/w S.5(1)(d) PC Act, demand and acceptance has to be positively proved - Same cannot be assumed...........
Indian Penal Code, 1860, Section 304A, Probation of Offenders Act, 1958, Section 4 -- Probation - Conviction u/s 304-A IPC - Probation not to be granted as a general rule to a convict u/s 304(Part I)PC - However, probation granted, in the instant case by taking into consideration the period of agony of protracted trial and appeals, age, antecedents of the accused, his..........
