Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Opportunity of hearing - Merely because administrative function of competent authority to grant sanction for prosecution is not made dependent on any opportunity of hearing being extended to public servant concerned, it cannot be said that such a prosecution would impair dignity of an individual..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 11, 12, 13(2), 13(i)(d) -- Discharge - Misappropriation of public funds of bank by charted accountant/accused - Accused exonerated by Disciplinary Committee constituted under Chartered Accountants Act looking into the..........
Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Conviction - Offence u/s 120-B IPC and Ss.13(1)(d), 13(2) PC Act - For convicting accused u/s 120-B IPC and u/s 13(1)(d)(ii) PC Act, there must be evidence on record that accused obtained for himself or any other person any valuable thing or pecuniary advantage...........
Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Reduction of sentence - Offence us/ 120-B IPC and Ss.13(1)(d), 13(2) PC Act - Accused sentenced to undergo R.I. for three years and a fine - Accused offered to surrender the plot and forgo refund and on account of conviction, his service and retiral benefits are in..........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(2) -- Misappropriation of public wages - Accused being public servant misappropriated wages allotted to him for disbursement to certain persons - DW1 who was projected by accused to be person who received wages in question and has signed vouchers of such payments is not reliable witness - No payments were received by..........
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(2) -- Offence u/ss 13(1)(c), 13(2) of the Act - Reduction of sentence - Taking into account long period of time that has elapsed and age of accused who is stated to about 70 years, ends of justice will be met if sentence of accused is reduced to period of 1 year R.I in modification of 2 years R.I as imposed by High..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 255, 256, 257, 258, 259, Prevention of Corruption Act, 1988, Section 7, 13(2) -- Bail - Cheating - Forgery - Allegation against accused are regarding forgery etc. and his stamp vending licence was cancelled by State - No other offence against petitioner - There is thus, no..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Criminal Procedure Code, 1973, Section 227 -- Assets disproportionate to known sources of income - Discharge - Accused while serving as Minister of State acquired assets in his name and his wife and son far beyond their known source of income - Explanation offered by accused that he received the amount from his..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d)(i)(ii)(iii) -- Offence u/ss 13(2), 13(1)(d)(i)(ii)(iii) IPC - Allegation that wrongful loss caused to State Government by accused by making forged entry in stock register and other relevant record - However, trial Court acquitted accused for offences u/ss 420, 467, 468, 471 IPC - Fact of misappropriation of..........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Not required for passing an order u/s 156(3) or for search warrant - However, it is required at the stage of taking cognizance of offence, when Magistrate applies his mind to legal proceedings and considers police report or material before it...........
