Judgments of Supreme Court of India

In our opinion, mere recovery of 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. Thus mere recovery by itself cannot prove the charge of the prosecution against the appellant, in the absence of any evidence to prove payment of bribe or to show that the appellant voluntarily accepted the money. Full Judgment

Tags Corruption PC Act

Supreme Court of India

MOHD. IQBAL, AHMAD Vs. STATE OF ANDHRA PRADESH

Appeal (Crl.), Criminal Appeal No. 194 of 1973. Judgment Date: Jan 18, 1979

Any case instituted without proper sanction must fail because this being a manifest defect in the prosecution, the entire proceedings are rendered void ab initio. The grant of sanction is not an idle formality but a solemn and sacrosanct act which affords protection to government servants against frivolous prosecutions and must therefore be strictly complied with before any prosecution could be launched against public servants. The presumption does not arise automatically but only on proof of certain circumstances that is to say, Full Judgment

Tags Corruption PC Act Prosecution Sanction

Supreme Court of India (Full Bench (FB)- Three Judge)

LILA GUPTA Vs LAXMI NARAIN & ORS

Appeal (Civil), 2585 of 1969, Judgment Date: May 04, 1978

HELD : (1) Examining the matter from all possible angles and keeping in view the fact that the scheme of the Act provides for, treating certain marriages void and simultaneously some marriages which are made punishable yet not void and no consequences having been provided for in respect of the marriage in contravention of the proviso to s. 15 of the Hindu Marriage Act, 1955 it cannot be said that such marriage would be void. In the instant case, as the Full Judgment

Supreme Court of India (Division Bench (DB)- Two Judge)

State Of West Bengal Etc vs Manmal Bhutoria & Ors. Etc

Appeal (Civil), 1134 of 1973, Judgment Date: May 03, 1977

HEADNOTE: In May 1967 a case was lodged against the respondent and a Major of the Indian Army who was retired in 1966, alleging that the Major, along with the respondent, had committed offences of conspiracy of criminal misconduct by a public servant in dishonestly abusing his position as a public servant, under s. 5(2) of the Prevention of Corruption Act, 1947. When the case, which was allotted to the Fourth Additional Special Court under s. 4(.2) of the West Bengal Full Judgment

Tags Interpretation PC Act

Supreme Court of India (Division Bench (DB)- Two Judge)