Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Corruption case - Complainant is an interested and partisan witness concerned with the success of the trap - His evidence must be tested in the same way as that of any other interest witness...........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 20 -- Corruption Case - Demand - Held, demand of illegal gratification is sine qua non for constituting an offence under the Act - Mere recovery of tainted money is not sufficient to convict accused when substantive evidence in the case is not reliable, unless there is evidence to prove payment of bribe or to..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 7, Criminal Procedure Code, 1973, Section 378, 386 -- Corruption case - Appeal against acquittal - Held, in exceptional circumstances, appellate Court for compelling reasons should not hesitate to reverse judgment of acquittal passed by Court below, if findings so recorded by Court below are found to be perverse..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Demand and acceptance - Proof - Appellant, posted as Patwari, alleged to have demanded money as illegal gratification from complaint for doing work of mutation - Currency notes of Rs.700/- recovered from appellant and numbers thereof were found similar with numbers mentioned in..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 319 -- Additional accused - Public servant - Cannot be summoned in absence of sanction for prosecution...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Distinction between the two provisions - In the case related to S.197 Cr.P.C. substratum of basic feature of the case has to be considered to find out whether the alleged Act has nexus with the discharge of official duty - The position..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Anticipatory bail - In an offence registered under SCST Act - No Court shall entertain application for anticipatory bail unless it prima facie finds that such offence is not made out...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Conviction - Appeal against - Appeal decided in absence of counsel for the accused - Accused should not suffer for the fault of his counsel - Court in such circumstances must appoint another counsel as an amicus curiae to defend the accused - Secondly the appellate court has to look into evidence adduced in..........
Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, Section 3, Constitution of India, 1950, Article 22(5) -- Preventive detention - Black marketing of essential commodities - Representation against - Inordinate unexplained delay of nearly 32 days in submitting remarks - Held, such delay affects right of detenu to make effective..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(2), 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/ss. 13(1)(d)(2) of P.C.Act and Ss. 409, 467, 468, 471 & 120-B IPC - Opportunity of hearing can neither be claimed nor required to be given before granting sanction for prosecution to public servant as it is not a quasi judicial..........
