Prevention of Corruption Act, 1988, Section 13 -- Corruption case - Non public servant - Case against public servant abated due to his death - Charge against non public servant who was to be tried along with public servant also abates - Proceedings u/s 13(2) read with S.13(1)(d) against non public servant quashed...........
Prevention of Corruption Act, 1988, Section 7, 12, 13, 19, Indian Penal Code, 1860, Section 120B, 468, 471, Criminal Procedure Code, 1973, Section 197, 239 -- Offence u/ss 7, 12, 13(2) of Prevention of Corruption Act and Ss.120-B, 468, 471 IPC - When a specific plea as to sanction u/s 197 Cr.P.C. is raised in a petition for discharge, Special Judge is duty bound to advert..........
Criminal Procedure Code, 1973, Section 197, 239, Prevention of Corruption Act, 1988, Section 13(1)(d) -- Charge - When at the stage of framing charge there is material to indicate that alleged acts were done or purported to be done in discharge of official duty but by abusing the position held by the accused as public servant, the plea of discharge on the basis of..........
Constitution of India, 1950, Article 235,124(6) -- Doctrine of control - Held, mandate of Art.235 of Constitution is that High Court has to maintain constant vigil on its subordinate judiciary - Cancerous cells of corruption constantly keep creeping into vital veins of judiciary and need to stem it out by judicial surgery lies on judiciary itself by its self-imposed or..........
Constitution of India, 1950, Article 19(a) & 226, Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 420, 468 and 471 -- Arrest of a MP on serious charges of corruption - Loss to State to tune of Rs.95 crores alleged - Bail rejected - Accused MP filed petition under Art.226 of Constitution to attend Parliamentary proceedings - Held, when..........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 13(1)(d),13(2) -- Illegal gratification - Special Judge has power to refer private complaint qua illegal gratification, to police for investigation and report...........
Evidence Act, 1872, Section 3 -- Corruption case - `Document' FIR - Held, document FIR given by complainant falls within meaning of provisions of S.3 of Evidence Act...........
Evidence Act, 1872, Section 159 -- Corruption case - Refreshing memory - Permission for - Held, when permission is granted for purpose of refreshment of memory then it can be said that prosecution has not committed any illegality or any irregularity...........
Prevention of Corruption Act, 1988, Section 7, 13(d)(ii) -- Illegal gratification - Acceptance of - Proof - Complainant has not properly explained about acceptance of bribe money on part of accused - Complaint lodged by complainant is clearly revealed that accused made demand of Rs.10000/- towards illegal gratification - Marks of anthracene powder on body and also on pant..........
Prevention of Corruption Act, 1988, Section 7, 13(d)(ii) -- Illegal gratification - Demand for - Sine qua non - Held, demand of illegal gratification is sine qua non to constitute offence under the Act - Further mere recovery of currency notes itself does not constitute offence under the Act unless it is proved beyond all reasonable doubt that accused voluntarily accepted..........
