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Category: Corruption

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
Corruption

Illegal gratification–Mere recovery of tainted money divorced from the circumstances under which it is paid is not sufficient to convict the accused when the substantive evidence in the case is not reliable

July 10, 2020 sclaw
Corruption

Corruption Law–Reduction in sentence–Illegal Gratification–Corruption by public servant–Patwari convicted and sentenced for accepting bribe of Rs. 300/—Prayer for reduction of sentence as incident was 19 years old–Custodial sentence of one year, which is minimum prescribed, would meet the ends of justice

July 8, 2020 sclaw

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