Judgments - Corruption
SHRI D.N. KADIAN Vs. LIEUTENANT GOVERNOR, GOVT. OF NCT OF DELHI AND ORS.
NEERA YADAV Versus CENTRAL BUREAU OF INVESTIGATON
A perusal of the above provision makes it clear that if the elements of any of the three sub-clauses are met, the same would be sufficient to constitute an offence of ‘criminal misconduct’ under Section 13(1)(d). Undoubtedly, all the three wings of clause (d) of Section 13(1) are independent, alternative and disjunctive. Thus, under Section 13(1)(d)(i) obtaining any valuable thing or pecuniary advantage by corrupt or illegal means by a public servant in itself would amount to criminal misconduct. On Full Judgment
RAJIV KUMAR Versus STATE OF U.P. AND ANR.
The essential ingredients of the offence of criminal conspiracy are: (i) an agreement between two or more persons; (ii) the agreement must relate to doing or causing to be done either (a) an illegal act; or (b) an act which is not illegal in itself but is done by illegal means. It is, therefore, plain that meeting of minds of two or more persons for doing or causing to be done an illegal act or an act by illegal means Full Judgment
Jai Singh Sisodiya & Ors. Vs. Central Bureau of Investigation
Rishi Prakash Gautam Vs. State of Madhya Pradesh
PRADIP MITTAL S/O KAUSHAL KISHORE MITTAL Vs CENTRAL BUREAU OF INVESTIGATION AND ORS
From the ratio laid down in the above judgment, it is clear that the main determinative factor for deciding the place of offence is the place where the offence has actually taken place. It is also observed in the said judgment that when it is certain where exactly the offence under Section 13 of the PC Act is committed, it is an unnecessary exercise to ponder over the other areas wherein certain allied activities such as conspiracy or preparation had Full Judgment
Krishna Kant Rathod Vs Union of India, through C.B.I.,Jabalpur
It is not proved that appellant had received money from complainant as bribe or illegal gratification. The complainant turned hostile, there was no other witnesses present at the time of transaction between complainant and appellant. The complainant disowned the contents of his complaint. In these set of facts Hon’ble Apex Court has observed “when complainant disowned his own statement the contents of complaint cannot be relied on”.In the present case the complainant in his examination in chief has categorically denied the Full Judgment
MUKHTIAR SINGH (SINCE DECEASED) THROUGH HIS L.R. VERSUS STATE OF PUNJAB
The indispensability of the proof of demand and illegalgratification in establishing a charge under Sections 7 and 13 of theAct, has by now engaged the attention of this Court on umpteen occasions. In A. Subair vs. State of Kerala, this Court propounded that the prosecution in order to prove the charge under the above provisions has to establish by proper proof, the demand and acceptance of the illegal gratification and till that is accomplished, the accused should be considered to Full Judgment
P.N. MOHANAN NAIR Versus STATE OF KERALA
The short question of law for consideration is, if the offences essentially constitute a single transaction, but have been split up by the prosecution into three separate cases, will the sentences imposed individually, run concurrently or consecutively? Suffice it to observe that in the facts of the case, the exercise of discretion under Section 427(1) Code of Criminal Procedure, mandates that the substantive sentences imposed upon the appellant in the three separate prosecutions, are directed to run concurrently,except the default Full Judgment
M.S. BADHAN Vs. CENTRAL BUREAU OF INVESTIGATION
SIBNATH Vs. CENTRAL BUREAU OF INVESTIGATION
RAJESH SARDA Vs. CENTRAL BUREAU OF INVESTIGATION
Har Pal Singh Vs. State Of U.P. Thru Prin.Secy.Deptt.Of Administrative & Ors.
STATE OF MAH. THR. POLICE INSPECTOR, ANTI CORRUPTION BUREAU, CHANDRAPUR Vs PRABHAKAR S/O VISTARI UDDARWAR
PRAKASHKUMAR S/O MURLIDHAR BHISIKAR Vs STATE OF MAHARASHTRA THR. POLICE STATION
FAKIRA S/O MADGU KANNAKE Vs STATE OF MAH. THRU. PSO MULCHERA
STATE OF MAHA Vs MOHAN MADHUSUDAN DASKHEDKAR
STATE OF JHARKHAND THR.S.P.,CBI,RANCHI Vs. SAJAL CHAKRABORTY
39. The modus operandi being the same would not make it a single offence when the offences are separate. Commission of offence pursuant to a conspiracy has to be punished. If conspiracy is furthered into several distinct offences there have to be separate trials. There may be a situation where in furtherance of general conspiracy, Full Judgment