Supreme Court Grants Bail to Anosh Ekka in Disproportionate Assets Case; Cites Overlapping of Allegations
Split charge-sheets from same FIR and prior suspension in connected case weigh with Court; issue of parallel prosecutions left open
Prevention of Corruption Act 1988
Punjab and Haryana High Court denies bail to DIG Harcharan Singh Bhullar in Rs. 8 Lakhs bribery case
“The grant of bail in separate disproportionate assets case also does not automatically entitle him to bail in the present case, which must be evaluated independently on its own factual matrix and material available on record.”
Obtaining passport a constitutional right; Foreign travel necessity proof cannot be demanded to grant NOC for renewal: J&K and Ladakh HC
“A criminal court, while considering an application for a grant of NOC for a passport renewal, should only advert itself to the question as to whether the accused, if allowed to travel abroad, would be available to face the trial and no other factor should influence the decision.”
‘Mere repayment of misappropriated amount does not efface criminal prosecution’; Kerala HC refuses to quash foreign liquor corruption case
“The misappropriated amount showed that the foreign liquor found in shortage was a gigantic quantity and therefore, prima facie, it could not be held that the shortage occurred because of some unintentional omissions or oversights.”
Case Reported in HCC | Delhi, Bombay & Calcutta High Courts on Economic offences
Explore latest cases reported in SCC’S High Court Cases (HCC) on matter related to the Prevention of Money Laundering Act, 2002 and the Prevention of Corruption Act, 1988 covering critical issues related to power of authorities regarding summons, Bail, Sanction for prosecution, Grounds of Incomplete investigation, Interpretation of “reasonable grounds for believing” under S. 45 PMLA, and more.
Bail plea filed directly before High Court can be entertained in exceptional circumstances’: P&H HC grants bail to Income Tax Officer in bribery case
The nuanced contours of exceptional circumstances are inextricably woven into singular factual matrix of each case, upon the Court’s discretion, and there may be multitude of factors resulting an accused to file, maintain and pursue his regular plea before the High Court straightaway.
CBI cannot be rendered helpless in investigating further if during trap proceedings more information is received about offence/offenders: Delhi HC
Special Public Prosecutor submitted that there are 194 intercepted calls, revealing incriminating conversation involving the petitioner in negotiations and distribution of illegal gains. Thus, a larger conspiracy is to be unearthed, for which the custodial interrogation is needed.
2024 SCC Vol. 10 Part 3
Criminal Procedure Code, 1973 — Ss. 235(1) and (2) — Reopening of judgment of conviction: As per S. 235, a judgment of conviction, held
Delhi High Court dismisses Amtek Group promoter’s petition to quash his arrest and remand orders in money laundering case
It is not the petitioner’s case that he was not supplied with the grounds of arrest at the time of the arrest and prior to the remand being sought. The remand application was detailed, and contained, effectively the same set of facts as were stated in the grounds of arrest.
Chairman, MD, ED, of private banks are public servants; Telangana HC allows prosecution of officials under Prevention of Corruption Act
The Special Judge for CBI Cases, Hyderabad, failed to appreciate the facts and circumstances and held that respondents are not public servants and accordingly exonerated them from offences under the provisions of the Prevention of Corruption Act, 1988.
‘Corruption can erode trust in institutions’; Gujarat HC denies anticipatory bail to AMC Ward Inspector booked for disproportionate assets of Rs. 2.75 crores
“Corruption can seep into many aspects of society, creating a ripple effect of negative consequences.”
Insolvency Resolution Professional is not ‘public servant’ under Prevention of Corruption Act, 1988: Delhi High Court
“Whether the Insolvency Resolution Professional is a public servant or not according to Insolvency and Bankruptcy Code or Prevention of Corruption Act, 1988 or Section 21 of Penal Code, 1860, is purely the domain of the legislature and if required, the legislature may carry out necessary amendments to the legislations.”
How Trial for offences under IPC would be affected if Sanction for offences under PC Act is declined? SC Highlights
“Sanction contemplated under Section 197 of the CrPC concerns a public servant who ‘is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty’ whereas, the offences contemplated in the PC Act, 1988 are those which cannot be treated as acts either directly or even purportedly done in the discharge of his official duties.”
Karnataka High Court sets aside orders sanctioning prosecution of 3 persons alleged to have provided luxury amenities to Sasikala during her detention in jail
The State Government had issued the impugned orders to sanction prosecution against the petitioners under the provisions of Prevention of Corruption Act, 1988.
2023 SCC Vol. 1 Part 2
Central Goods and Services Tax Act, 2017 — S. 174(2)(c) — Scope of: First part protects any right, privilege, obligation, etc. under
Know Thy Judge- Justice Bhushan Ramkrishna Gavai
by Sucheta Sarkar†
Supreme Court |Handing over cash to a public servant would be considered “proceeds of crime” under the Prevention of Money Laundering Act, 2002
Supreme Court: In a case wherein the appeal challenged the final judgment and order passed by the High Court of
Explained| “Known source of income” under Section 13(1)(e) of PC Act, 1988 means the sources known to the prosecution or the accused?
Supreme Court: The bench of Dinesh Maheshwari and JB Pardiwala*, JJ has explained the true import of Section 13(1)(e) of the Prevention
Del HC | Imprisonment awarded under PC Act reduced considering the minimum sentence provided at the time of commission of offence
Delhi High Court: Sunil Gaur, J., reduced the sentence of imprisonment awarded to the appellant for the offences under Section 7 and