Supreme Court of India Judgements

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Category: Corruption

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…

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…

Corruption

(CrPC) – S 482 – (IPC) – Ss 420 and 120B – P C Act, 1988 – Section 13(2) read with Section 13(1)(d) – Allegations of corruption while allotting 10 plots arbitrarily to their family members by hatching the criminal conspiracy by public servant – powers under Section 482 Cr.P.C. is very wide, but conferment of wide power requires the court to be more cautious. It casts an onerous and more diligent duty on the Court – While quashing the criminal proceedings the High Court has not at all adverted to itself the aspects and has embarked upon an enquiry as to the reliability and genuineness of the evidence collected during the investigation as if the High Court was conducting the mini-trial – Impugned order passed by the High Court quashing the criminal proceedings against the respondents is unsustainable – Appeal allowed.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF ODISHA — Appellant Vs. PRATIMA MOHANTY ETC. — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal Nos.…

Corruption

Jammu and Kashmir Prevention of Corruption Act, 2006 – Section 5(1)(d) r/w 5(2) – Ranbir Penal Code, 1989 – Section 120B – – Merely because the offence of the conspiracy may be involved, investigation into the substantive offence, i.e., in the present case, offence under the PC Act which is cognizable is not required to await a sanction from the Magistrate, as that would lead to a considerable delay and affect the investigation and it will derail the investigation – Therefore, the High Court has erred in quashing the criminal proceedings on the ground that as the offence under Section 120B which is a non-cognizable, prior sanction as required under Section 155 of J&K Cr.P.C. is not obtained – Appeal allowed.

Nov 4, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF JAMMU & KASHMIR AND OTHERS — Appellant Vs. DR. SALEEM UR REHMAN — Respondent ( Before : M.R. Shah and A.S.…

Corruption

Preliminary Enquiry by CBI – Institution of a Preliminary Enquiry in cases of corruption is not made mandatory before the registration of an FIR under the CrPC, PC Act or even the CBI Manual, for this Court to issue a direction to that affect will be tantamount to stepping into the legislative domain – In case the information received by the CBI, through a complaint or a “source information” under Chapter 8, discloses the commission of a cognizable offence, it can directly register a Regular Case

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH CENTRAL BUREAU OF INVESTIGATION (CBI) AND ANOTHER — Appellant Vs. THOMMANDRU HANNAH VIJAYALAKSHMI @ T. H. VIJAYALAKSHMI AND ANOTHER — Respondent ( Before :…

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I P C POCSO

Penal Code, 1860 — Sections 376(2), 450 — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault on a minor — Evidence of prosecutrix — Conviction can be based solely on the prosecutrix’s testimony if it inspires confidence — Corroboration of testimony of prosecutrix is not a requirement of law, but a guidance of prudence — Minor contractions or small discrepancies should not be a ground for throwing out the evidence of the prosecutrix.

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C P C

State Financial Corporations Act, 1951 — Section 29 — Liability of Financial Corporation taking possession of industrial unit for dues — Corporation acts as a trustee, liable only to the extent of funds in its hands after settling its dues, not personally liable. Civil Procedure Code, 1908 — Section 80 — Notice to Government or public officer — Mandatory requirement before instituting suit — Failure to issue notice or obtain leave renders suit not maintainable and decree a nullity, even if impleaded later.

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