Summary: -Accused – respondent was sought to be prosecuted for the offences punishable under Section 120 B of the Indian Penal Code (for short, ‘the IPC’) and Sections 7,12 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988- High Court proceeded to discharge the respondent by setting aside the order of …
Code Of Criminal Procedure, 1973; Section 319 – Prevention Of Corruption Act, 1988 ; Section 19- Courts cannot take cognizance against any public servant for offences committed under Sections 7,11,13 & 15 of the P.C. Act, even on an application under section 319 of the CrPC, without first following the requirements of Section 19 of …
Code Of Criminal Procedure, 1973; Section 228- Prevention of Corruption Act, 1988 -Income Tax Act, 1961 -In this case, the accused against whom charges were framed under the Prevention of Corruption Act, seek to rely upon findings recorded by authorities under the Income Tax Act- SC held: The scope of adjudication in both the proceedings …
Prevention Of Corruption Act, 1988; Section 17A – Per Aniruddha Bose J: If an enquiry, inquiry or investigation is intended in respect of a public servant on the allegation of commission of offence under the 1988 Act after Section 17A thereof becomes operational, which is relatable to any recommendation made or decision taken, at least …