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..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(e), 13(2) -- Illegal gratification - Accused working as writer of police Sub-inspector demanded an illegal gratification for making the case weak against complainant - Tainted currency notes were recovered from the pocket of accused - Marks of anthrecene powder found on the pocket and finger tips of accused - No..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(e), 13(2) -- Illegal gratification - Accused settled the amount at Rs.1400/- as illegal gratification out of which Rs.500/- was accepted by him and remaining amount agreed to be paid later on - No demand was made at the time of raid - When previous demand is proved it is not required that demand at the time of raid..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(e), 13(2) -- Illegal gratification - Accused contended that panchnama is not admissible because panch witness has himself not dictated - It is required to be appreciated that even if panch has not supported, panchnama is proved with the testimony of I.O. and therefore such a contention cannot be readily accepted even if..........
