Head note: Appreciation of trial court judgment - Trial court conclusion on Accused-2 - Trial court has accepted the version of the defence and not P.W.33 - To disbelieve the state public works department valuation report there must be a better reasonable and intelligible opinion should be examined on the side of defence - Section 45 Indian Evidence Act -…
Head note: Apex Court - P.C Act - section 20 presumption - accused did not rebut the case by taking correct defence - defence did not tally with the complainant’s statement recorded u/s 164 Cr.P.C.
Head note: G.O of creating of Land Grabbing cell in Tamil Nadu - High court of Madras set aside G.O and directed to enact a legislation - Supreme Court stayed the High Court of Madras order - High Court of Madras on a Criminal Original Petition has transferred the case from Land Grabbing court to CCB court - High Court…
5. We find that the High Court has examined the entire issue as to whether the offence under Sections 420 and 120-B is made out or not at pre trial stage. The respondents are beneficiary of the grant of cash credit limit when their father was the President of the Bank. The power under Section […]
APPEAL G.Moorthy/the appellant herein is the second accused in C.C.No.18 of 2003 tried by the IX Additional City Civil Court, Chennai, for CBI cases, Chennai. The accused/A2 was found guilty of offence under Section 120 B r/w 420 of I.P.C and Section 13(2) r/w 13(1)(d) of P.C Act, 1988 and sentenced to undergo R.I for […]
8. It is well-settled that to establish the offence under Sections 7 and 13(1)(d) of the Act, particularly those relating to the trap cases, the prosecution has to establish the existence of demand as well as acceptance by the public servant. InB. Jayaraj v. State of A.P.,(2014) 13 SCC 55, it was held as under:- […]
Two important questions of law arise for consideration in this appeal. The first question is whether an order of the Appointing Authority granting sanction for prosecution of a public servant under Section 19 of the Prevention of Corruption Act, 1988, would be rendered illegal on the ground of acting as per dictation if it consults […]
HOW TO PROVE OFFENCE u/s 7 P.C ACT? The offence under Section 7 of the PC Act relating to public servants taking bribe requires a demand of illegal gratification and the acceptance thereof. The proof of demand of bribe by a public servant and its acceptance by him is sine quo non for establishing the offence […]
At the relevant stage, the Appellant applied for discharge under “section 239” of the Cr.P.C (which should have been under section 227) before the Court of Special Judge (vigilance), Patna. [Editor’s note: Here in this paragraph 6. the Apex Court has made a foot note that though the Appellant stated that the application is under […]
QUESTION OF LAW INVOLVED IN THIS 5 JUDGE BENCH: 2. Thus, the moot question that arises for answering the reference is, in the absence of the complainant letting in direct evidence of demand owing to the non-availability of the complainant or owing to his death or other reason, whether the demand for illegal gratification could […]
If he does not make a full and complete disclosure, the pardon may be cancelled. If he makes a…
FACTUAL ASPECTS 1. The only question involved in this appeal is whether the Respondent is guilty of an offence…
2. This Appeal is preferred by the sole appellant in Criminal Appeal No.179 of 2015 filed before the High…
Head note: Prayer - Issue raised - Judicial Magistrate issued notice to the prosecution under section 473 cr.p.c (want…
Head note: Apex Court - Compromise petition filed under section 320 Cr.P.C and allowed for some IPC offences but…
Head note: Apex Court – High Court after a detailed examination and evaluation quashed the criminal case – Supreme…
NO CONVICTION BASED ON PREPONDERANCE OF PROBABILITY: 9. The accused cannot be convicted on the principles of preponderance of…
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