Corruption Enquiry at the Stage of Pre-Registration of FIR – Permissibility – Such a preliminary enquiry would be permissible only to ascertain whether cognizable offence is disclosed or not and only thereafter FIR would be registered – Therefore, such a preliminary enquiry would be in the interest of the alleged accused also against whom the complaint is made. March 28, 2021 sclaw
Corruption Prevention of Corruption Act, 1988 – Sections 7, 13(2) and 13(1)(d) – Illegal gratification – Acquittal – Absence of proof of demand for illegal gratification and mere possession or recovery of currency notes is not sufficient to constitute such offence. February 14, 2021 sclaw
Corruption Illegal Gratification – Reduction in sentence – Accused is a senior citizen aged about 70 years and already dismissed from service – Sentence of two years rigorous imprisonment as imposed by the Special Court, confirmed by the High Court, is reduced to one year and one month rigorous imprisonment – Appeal partly allowed. January 17, 2021 sclaw
Corruption Misappropriation of public funds – Bank Employee – In banking business absolute devotion, integrity and honesty is a sine qua non for every bank employee. High Court has committed an apparent error in setting aside the order of dismissal of the respondent confirmed in departmental appeal by order – Appeal allowed. January 17, 2021 sclaw
Corruption Delhi Special Police Establishment Act, 1946 – There are no pleadings by the public servants with regard to the prejudice caused to them on account of non-obtaining of prior consent under Section 6 of the DSPE Act qua them specifically in addition to the general consent in force, nor with regard to miscarriage of justice – No reason to interfere with the finding November 22, 2020 sclaw
Corruption Prevention of Corruption Act, 1988 – IPC , 1860 – Evidence Act, 1872 – Ss 165 – Constitution of India, Art 14 – Corruption Charges – Punishment of dismissal was disproportionate to the allegation of corruption, is without merit – It is a settled legal proposition that the Disciplinary Authority has wide discretion in imposing punishment for a proved delinquency, subject to principles of proportionality and fair play September 11, 2020 sclaw
Corruption Bribe–Once there is a presumption under Section 20, Prevention of Corruption Act,1988, it is for the accused to establish that the amount was not received as bribe. August 23, 2020 sclaw
Corruption Charge Under IPC Can Continue trial Even If Sanction In Respect Of Offence Under Prevention Of Corruption Act Is Not Forthcoming July 31, 2020July 31, 2020 sclaw
Corruption Patwari, demanded bribe of Rs 300 two decades ago, High Court convicted, SCOI also dismissed appeal HELD two prosecution witnesses completely established that the demand was made and that the money was found on the person of the accused. July 30, 2020July 30, 2020 sclaw
Corruption Illegal Gratification –No rule of universal application that whenever a part of the case relating to demand and acceptance is not acceptable, the whole case would fail even if the case relating to trap, recovery of money and chemical test by the prosecution is established July 26, 2020 sclaw
