Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Refusal - Review/reconsideration of order - No fresh material produced - Investigating agency did not challenge the order declining sanction - Held, no justification on the part of authority in according sanction for prosecution - Impugned order granting sanction to prosecute set aside...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity - Sanction granted after an active discussion between sponsoring and sanctioning authorities - Draft sanction if prepared would virtually be an expression of sanctioning authority - Even if the draft and order of sanction are identical, it hardly effects the merits of order granting..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand - Failure to prove demand - Offence not made out - Accused acquitted...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d)(ii) -- Illegal gratification - Allegation that accused demanded Rs.500 from complainant for electricity connection - However, complainant contradicted his own statement in cross-examination and stated that he has paid sum of Rs.500 to accused only towards outstanding loan amount - Moreover, there is..........
Prevention of Corruption Act, 1988, Section 8, 9 -- Illegal gratification - Offence u/ss 8 & 9 of the Act can be committed by any person for himself or on behalf of any person, even without the knowledge and consent of concerned public servant...........
Prevention of Corruption Act, 1988, Section 8, 9 -- Illegal gratification - In order to invite an offence u/ss 8, 9 of the Act, gratification need not be obtained or shared by public servant concerned - It is also not required that prosecution should establish that person accepting gratification has somehow prevailed upon the concerned public servant...........
Prevention of Corruption Act, 1988, Section 10, 8, 9 -- Abetment of offence u/ss 8, 9 of the Act by public servant - Public servant need not necessarily be a co-accused - He could be made a co-accused only with the aid of Ss.8, 9 of the Act when illegal gratification was obtained or attempted to be obtained with his knowledge or consent, or with the aid of S.10 of the Act,..........
Prevention of Corruption Act, 1988, Section 8, 9, 12 -- Illegal gratification - Private person can independently be proceeded against for an offence u/ss 8, 9, 12 of the Act, without the junction of a public servant as co-accused...........
Prevention of Corruption Act, 1988, Section 8, 9 -- Illegal gratification - Where gratification was obtained by a person styling it as one for handing over to public servant, without his knowledge and consent, his name and official position use of by such person pretending that he had influence over public servant, such public servant only becomes a victim of an offence -..........
Prevention of Corruption Act, 1988, Section 13(2), Criminal Procedure Code, 1973, Section 306 -- Corruption case - Grant of pardon to accused - Magistrate is duly empowered to grant tender of pardon even in respect of cases which are triable by Session judge or by Special Judge - Even if it is presumed that Magistrate is not empowered to grant pardon, it is merely an..........
