Madars High Court held that having obliged her husband to keep the ill-gotten income other than the known source of income, by lending her name for purchase of properties both in her name and in the name of her minor children, showing her as guardian, she is guilty of abetment under Section 109 of IPC.
The individual against whom the allegations are made, ought to be a ‘Public Servant’ whose appointing authority is the Central Government or the State Government to entitle him to the protection under section 197 CrPC and not to every public servant.
“If the aspersions cast on the integrity of a public servant and the Investigating Officer harbours a view that an investigation is necessary, it would be in the interests of both the Government and the public servant that such a nagging suspicion is obliterated”.
The Ministry of Coal’s policy was concerned with end use and the end use for the Baidyanath Ayurved being ‘power’ was in conformity with the MoC’s policy.
Supreme Court pointed out that the pre-trap and post-trap proceedings were duly proved by the prosecution in the instant matter through witnesses who supported the prosecution case.
Punjab and Haryana High Court granted provisional bail to IAS Popli ‘purely on humanitarian ground’.
Permitting the CBI to pick up one aspect of the investigation and file a piece-meal chargesheet with respect to the same and consequently, defeating the right of the applicant to default bail, goes against the mandate of Article 21.
Civil Procedure Code, 1908 — Or. 9 R. 13 r/w S. 17 of the Provincial Small Cause Courts Act, 1887 — Ex
Supreme Court said that when reliance is placed on circumstantial evidence to prove the demand for gratification, the prosecution must establish each and every circumstance from which the prosecution wants the Court to draw a conclusion of guilt.
Rajasthan High Court stated that the prosecution had failed to prove the demand and acceptance of the bribe by the appellant and mere recovery of money could not be a grounds to consider it as a bribe.
The Constitution Bench of SA Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna, JJ has observed that the trial does not abate nor does it result in an order of acquittal of the accused public servant if the complainant turns ‘hostile’, or has died or is unavailable to let in his evidence.
by Shruti Awasthi† and Arpit Singh††
by Ankur Mishra†
Criminal Procedure Code, 1973 — Ss. 451 and 457: In this case, civil suit was pending between financier of vehicle
The consistent effort made by all branches of the State, the Judiciary, the Legislative, and the Executive, to ensure early decision-making by the competent authority cannot be watered down by lexical interpretation of the expression endeavour in the proviso.
Karnataka High Court: M Nagaprasanna, J. quashed the proceedings initiated against a public servant working as an Executive Engineer in
Madhya Pradesh High Court: Anand Pathak, J. dismissed an application for bail which was filed by the applicant, who had been arrested
Rajasthan High Court: Pushpendra Singh Bhati, J., refused to interfere with the impugned order due to lack of any legal infirmity. The
Madhya Pradesh High Court: The Division Bench of Prakash Shrivastava and Arun Kumar Sharma, JJ., dismissed a petition in which the issue
Bombay High Court: K.R. Shriram, J., while explaining the concept of bribe under the Prevention of Corruption Act, 1988, upheld the decision