Bringing you the Best Analytical Legal News
The only allegation from the very inception was that there were irregularities in the promotions conducted by the National Productivity Council on 28-03-2023, which pertain to a period even before petitioner 1 joined as Secretary, DPIIT on 21-01-2023.
by Siddharth R. Gupta* and Aman Agarwal**
“Launching of prosecution by the complainant is nothing, but an example of giving a cloak of criminal offence to the contractual matter of procurement and transportation of foodgrains”.
“If the ‘State function’ or ‘public function’ is discharged under a legal obligation or by a governmental or statutory direction, such ‘State function’ is treated as ‘public duty’.”
“But, when the fact of receipt of payment or an agreement to receive the gratification stands proved, there is a clear case of nexus or corroboration and the presumption itself is irrelevant. Section 20 gets attracted when it is proved that the public servant has accepted or agreed to accept any gratification other than legal remuneration and, in that case, presumption is that it is the motive or reward for any of the acts covered under Section 7, 11 or 13(1)(b) of the Act.”
Civil Procedure Code, 1908 — Or. 7 R. 11(d) — Suit or application whether barred by limitation — When no limitation provided for — Power
by Ajay Wadhwa* and Ragini Handa**
Delhi Chief Minister Arvind Kejriwal was denied interim bail in CBI matter. The CBI arrested him on 26-06-2024, while he was in judicial custody in ED’s matter.
(2023) 1 HCC (All) GST — Search and Seizure — Determination of Tax — Challenge against the order wherein tax of Rs
Income Tax Authorities conducted a raid at DK Shivakumar’s house and allegedly recovered Rs.8,59,69,100/- and CBI registered an FIR for offence punishable under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988.
“The case of the prosecution is that News Nation, a TV news channel operation titled ‘Kala Pani’ allegedly showing some of the employees of Delhi Prisons interacting with reporters. Some of the employees allegedly accepting bribe money for extending favours inmates contrary to the Delhi Prisons Rules.”
The Court directed that the SSP should be free either to conduct departmental inquiry after following due procedure prescribed by Punjab Police Rules, 1934 or take appropriate decision after conclusion of criminal proceedings.
“In the present case, the Special Court has taken into account the nature of the case against the petitioner and factum of his non-cooperation and other relevant factors while remanding the petitioner into police custody.”
“In criminal trials certificate in terms of Section 65-B of the Act is to filed before commencement of the trial. However, the Trial Court, in its discretion, after examining any application by the prosecution under Sections 91 or 311 CrPC or Section 165 of the Evidence, may permit production of such certificate at any stage of the trial if no irreversible prejudice is caused to the accused”
“If such influence whether for monetary reason or under threat or coercion, if can be exercised over police and prison authorities so effectively who are basically enforcers of law then it can be well imagined how Abbas Ansari can effectively garner power to influence any witness or to persuade him to change his stand and this aspect if seen in light of the fact that the evidence is yet to commence”
The Court was of the view there was no justification in approaching the Court to challenge the order of 2013 after a period of 5 years.
An FIR was registered against the ASI and the Police Inspector, alleging the demands for bribe and providing a chargesheet in lieu of Rs.80,000/-.