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HIMACHAL PRADESH HIGH COURT

Year of decision: 2013
Details

Prevention of Corruption Act, 1988, Section 13(1)(d) -- Illegal gratification - Proof - Held, demand and receipt or illegal gratification has to be considered in totality of facts and circumstances of case - Demand has to be established by proving some act/duty which accused was required to perform and which he did not perform but insisted for illegal gratification...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2013
Details

Prevention of Corruption Act, 1988, Section 20 -- Illegal gratification - Presumption u/s.20 of the Act - Held, both demand and acceptance must be proved - When both of them become doubtful, no presumption u/s.20 of the Act can be raised...........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2013
Details

Jammu and Kashmir Public Safety Act, 1978, Section 8, Constitution of India, 1950, Article 22(5) -- Detention order - Documents relied upon - Furnishing copies - Past history and activities of detenue have been narrated in grounds of detention - Reference to documents in grounds of detention - Held, imperative for detaining authority to furnish copies of documents so..........

ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Failure to disclose the date of service of notice upon accused though fact of sending notice as per registered post mentioned - Held, non disclosure of service of notice does not render the complaint and further the summoning order illegal - Complaint must contain basic facts regarding the mode..........

CHHATTISGARH HIGH COURT

Year of decision: 2013
Details

Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Mere recovery of money from the drawer of the table of accused by itself cannot prove the charge of prosecution in absence of evidence to prove demand of bribe or to show that accused voluntarily accepted the money...........

RAJASTHAN HIGH COURT

Year of decision: 2013
Details

Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Complainant and his witnesses examined - Thereafter application sent to police with the direction to register a case and investigate the matter - Such a procedure adopted is illegal and contrary to law...........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Kerala Abkari Act, 1977, Section 55(a) -- Illegal transport of liquor - Conviction - Reduction of sentence - Accused driver by profession found guilty of transporting large quantity of liquor - He was neither owner of contraband nor had financial interest in its possession or transportation - Held, sentence reduced from 5 years to 3 years R.I. and fine of rupees one lakh...........

GUJARAT HIGH COURT

Year of decision: 2013
Details

Criminal Procedure Code, 1973, Section 97, Hindu Minority and Guardianship Act, 1956, Section 6 -- Wrongful confinement - Search warrant - Petitioner/mother voluntarily left minor child with respondent/husband - Said fact neither denied nor even disputed by petitioner/mother - Held, father is natural as well as legal guardian of minor boy - Therefore when a minor son is..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Presumption - Rebuttal - Repayment of loan - Accused borrowed money from a auto-driver to repay the loan - Auto driver examined as a witness - No document in support of giving loan to accused produced - The testimony of auto-driver has to be discarded as it is obvious that he has..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Official favour - Plea of no responsibility in allotment of work - Though allotment of work was done by Manager but assignment of loads of contractors was the responsibility of accused - He had the responsibility for assignment of loads and in that connection, he had demanded the..........

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