Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity - File regarding sanction for prosecution was forwarded to PWD Minister and upon being satisfied, Minister granted sanction - PW8 Under Secretary to Government was only carrying out the decision of Government by issuing sanction order - Sanction held, valid...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused allegedly demanded Rs.5000 as illegal gratification from complainant to discharge the official act of forwarding complainant's application for pension and for release of retiral benefits - However, evidence on record shows that accused was absent from his office at the..........
Prevention of Corruption Act, 1988, Section 2(c)(iii) -- Public servant - Employee of a Co-operative Society comes within the definition of public servant within the meaning of S.2(c)(iii) of the Act, provided Co-operative Society is owned, controlled or aided by government...........
Prevention of Corruption Act, 1988, Section 2(c)(iii) -- "Aided" - Participation of Central Government, by means of subscription to no, redeemable shares, would fall within the meaning and scope of expression "aided" as appearing in S.2(c)(iii) of Act - It cannot be said that equity participation insofar as no, redeemable shares is concerned would amount to loan to society..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 379, 409, 468, 411, 120B, Prevention of Corruption Act, 1988, Section 13(1)(c)(d) -- Third bail application - Offences u/ss 420, 379, 409, 468, 411, 120-B IPC and S.13(1)(c)(d) of P.C.Act - Prima facie involvement of petitioner in deep rooted conspiracy in economic offences involving huge..........
Prevention of Corruption Act, 1988, Section 7, 13(i)(d), 13(2) -- Illegal gratification - Appreciation of evidence - In the instant case, accused/traffic constable demanded Rs.300/- as hafta from complainant/auto rickshaw operator - However, complainant declared hostile but panch witness stood by prosecution story - Demand and acceptance of bribe proved on record - Even,..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - It is sufficient to show that bribe money was paid to a public servant working in a particular department and same was accepted for doing any official act in the said department - It becomes irrelevant as to who was the other public servant who would have rendered that particular service...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 20 -- Illegal gratification - Proof of demand and acceptance of bribe amount as illegal gratification is a sine qua non -Once demand and acceptance of illegal gratification is established, then burden rests on accused to displace the statutory presumption raised u/s20 of the act by bringing on record evidence either..........
Prevention of Corruption Act, 1988, Section 2(c), Banking Regulation Act, 1949, Section 46A -- Public servant - Chairman/managing director or executive director of a private bank operating under licence issued by RBI under 1949 Act, holds an office and performs public duty is deemed to be public servant - Prosecution can be launched against them under P.C. Act - However,..........
Prevention of Corruption Act, 1988, Section 2(c)(viii) -- Public servant - Performance of public duty by a person who is holding an office which requires or authorize him to perform such duty is sine qua non of definition of public servant u/s 2(c)(viii) of the Act...........
