Category: 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

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 :…

Demand of bribe – At the stage of framing of the charge and/or considering the discharge application, the mini trial is not permissible – At this stage, it is to be noted that even as per Section 7 of the PC Act, even an attempt constitutes an offence – Therefore, the High Court has erred and/or exceeded in virtually holding a mini trial at the stage of discharge application

SUPREME COURT OF INDIA DIVISION BENCH STATE OF RAJASTHAN — Appellant Vs. ASHOK KUMAR KASHYAP — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ. ) Criminal…

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.

SUPREME COURT OF INDIA DIVISION BENCH CHARAN SINGH — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ. )…

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.

SUPREME COURT OF INDIA FULL BENCH S. SUNDARA KUMAR — Appellant Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION, THOOTHUKUDI DISTRICT, TAMIL NADU — Respondent ( Before…

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.

SUPREME COURT OF INDIA FULL BENCH DEPUTY GENERAL MANAGER (APPELLATE AUTHORITY) AND OTHERS — Appellant Vs. AJAI KUMAR SRIVASTAVA — Respondent ( Before : L. Nageswara Rao, Hemant Gupta and…

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

SUPREME COURT OF INDIA DIVISION BENCH M/S FERTICO MARKETING AND INVESTMENT PVT. LTD. AND OTHERS ETC. — Appellant Vs. CENTRAL BUREAU OF INVESTIGATION AND ANOTHER ETC. — Respondent ( Before…

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

  SUPREME COURT OF INDIA FULL BENCH PRAVIN KUMAR — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : N.V. Ramana, S. Abdul Nazeer and Surya Kant,…

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