Corruption Archives - Page 2 of 7 - Supreme Court of India Judgements

April 19, 2024 10:04 pm

Modification of order to Central Bureau of Investigation to conduct a preliminary enquiry – Applicant has no locus to seek clarification/modification of an order passed in a totally unconnected matter – Application dismissed.

Mar 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH EDAPADDI PALANISWAMI — Appellant Vs. R.S. BHARATHI AND ANOTHER — Respondent AND RAJ KISHOR RAUT … APPLICANT ( Before : Krishna Murari and Sanjay…

Corruption

HELD high courts must maintain a hands-off approach and not quash a first information report pertaining to “corruption” cases, specially at the stage of investigation, even though certain elements of strong-arm tactics of the ruling dispensation might be discernible.

Mar 5, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF CHATTISGARH AND ANOTHER — Appellant Vs. AMAN KUMAR SINGH AND OTHERS ETC. ETC. — Respondent ( Before : S. Ravindra Bhat…

Corruption

Odisha Lokayukta Act, 2014 – Section 20(1) – Provisions relating to complaints and preliminary inquiry and investigation – there was no element of bias in conducting a preliminary inquiry in the instant case and the objection raised by the respondents stands overruled – Appeal Allowed.

Feb 26, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH OFFICE OF THE ODISHA LOKAYUKTA — Appellant Vs. DR. PRADEEP KUMAR PANIGRAHI AND OTHERS — Respondent ( Before : Ajay Rastogi and Bela M.…

Corruption

COSTITUTION BENCH :Prevention of Corruption Act 1988 – Section 7 and Section 13(1)(d) read with Section 13(2) – Proof of demand – In the absence of evidence of the complainant (direct/primary, oral/documentary evidence) it is permissible to draw an inferential deduction of culpability/guilt of a public servant under Section 7 and Section 13(1)(d) read with Section 13(2) of the Act based on other evidence adduced by the prosecution.

Dec 18, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH NEERAJ DUTTA — Appellant Vs. STATE (GOVT. OF N.C.T. OF DELHI) — Respondent ( Before : S. Abdul Nazeer, B. R. Gavai, A. S.…

Corruption

Money-laundering – By handing over money with the intent of giving bribe, such person will be assisting or will knowingly be a party to an activity connected with the proceeds of crime – Without such active participation on part of the person concerned, the money would not assume the character of being proceeds of crime – The relevant expressions from Section 3 of the PML Act are thus wide enough to cover the role played by such person

Nov 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DIRECTORATE OF ENFORCEMENT — Appellant Vs. PADMANABHAN KISHORE — Respondent ( Before : Uday Umesh Lalit, CJI and Bela M. Trivedi, JJ. ) Criminal…

Bail Granted Corruption

Appellant is a lady accused, who has already undergone 2 years and 9 months sentence – It appropriate to release the appellant on bail during the pendency of the appeal on the conditions that may be imposed by the learned Trial Court.

Oct 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MENON EKKA @ SMT. MENON UJJANA EKKA — Appellant Vs. UNION OF INDIA — Respondent ( Before : M.R. Shah and Krishna Murari, JJ.…

Corruption

Period of three months, extended by one more month for legal consultation, is mandatory – Consequence of non-compliance with this mandatory requirement shall not be quashing of the criminal proceeding for that very reason – The competent authority shall be Accountable for the delay and be subject to judicial review and administrative action by the CVC under Section 8(1)(f) of the CVC Act.

Oct 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VIJAY RAJMOHAN — Appellant Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE, CBI, ACB, CHENNAI, TAMIL NADU — Respondent ( Before : B.R. Gavai…

Corruption

Disproportionate income in the period between 1974 and 1988, FIR filed after twelve years the charge sheet after 7 years, application for discharge dismissed after decade, SLP decided after 6 years HELD superannuated from service in 2010 – now 72 years – Continuation of the prosecution, unjust – Discharge application allowed.

Sep 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH KANCHAN KUMAR — Appellant Vs. THE STATE OF BIHAR — Respondent ( Before : B.R. Gavai and Pamidighantam Sri Narasimha, JJ. ) Criminal Appeal…

Corruption

Prevention of Corruption Act, 1988 – Section 13(2) read with 13(1)(e) – It is for the accused to account satisfactorily for the money/assets in his hands – Onus in this regard is on the accused to give satisfactory explanation – Accused cannot make an attempt to discharge this onus upon him at the stage of Section 239 of the CrPC. State appeal allowed.

Sep 12, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH STATE THROUGH DEPUTY SUPERINTENDENT OF POLICE — Appellant Vs. R. SOUNDIRARASU ETC. — Respondent ( Before : Dinesh Maheshwari and J.B. Pardiwala, JJ. )…

Acquittal Corruption

PCA & IPC – HELD the recovery of the tickets is found to have not been made in accordance with law, nor the seized tickets could be connected to the three different buses and the conductors manning the said buses (the appellants), it would not be safe to rely upon the unconfirmed tickets to connect them to the appellants – Prosecution did not proceed with application for secondary evidence qua enquiry report.

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH JARNAIL SINGH AND ANOTHER — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : Ajay Rastogi and Vikram Nath, JJ. ) Criminal Appeal…

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Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw

Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw

I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw

Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw

Category: Corruption

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