Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(i)(ii), 20 -- Illegal gratification - Demand and acceptance - Presumption as to - Held, presumption u/s.20 of the Act can only be in respect of offence u/s.7 and not for offences u/s.13(1)(d)(i)(ii) of the Act - It is only on proof of acceptance of illegal gratification that presumption can be drawn u/s.20 of the Act..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused took a bribe of Rs.400/- from complainant for activation of telephone connection which was otherwise his bounded duty to perform being JTO Outdoor - Activation of telephone connection was withheld and it was finally activated only after complainant agreed to pay illegal..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Activation of telephone connection - Accused contended that photocopy of letter which relates to application for telephone connection could not be exhibited unless original was produced - If originals had not been produced, it was at that point of time the duty of defence counsel to..........
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 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 306 -- Corruption case - Grant of pardon to accused - Application for - CBI filed application before Special Judge for grant of pardon to second respondent - Special Judge referred application to Magistrate to deal with same since case was under investigation - Held, no..........
Prevention of Corruption Act, 1988, Section 20 -- Illegal gratification - Presumption u/s 20 of the Act is available when demand and acceptance of bribe is proved - However, this presumption is rebuttable which can be rebutted by preponderance of probabilities...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Most of the language of sanction order was in terms of the proforma sanction order given by Vigilance Department - Held, this by itself cannot lead to inference that there was non application of mind...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Mere failure to mention correct provision cannot lead to invalidity of order - No finding of guilt is to be reversed only on the ground of any error or irregularity in the sanction order unless Court is of the view that there was failure of justice...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 13, Constitution of India, 1950, Article 226 -- Sanction to prosecute - Refusal to - PIL against - Scandal of illegal appointments and payment of salaries to teachers - Impugned orders declining sanction for prosecution passed after considering evidence and material on record - Held,..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Accused an accounts officer of HPSEB was demanding bribe on account of passing bills of complainant - Complainant admitted that he used to give bribe to all officials for the last 3-1/2 years but never filed any complaint - Contradictions as to who had asked the complainant to hand over..........
