Prevention of Corruption Act Archives | Page 2 of 3

In absence of complainant’s direct evidence of bribe, presumption of Public Servant’s guilt can be drawn based on other evidence; holds SC Constitution Bench

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.

Op Eds OP. ED.

Quashment of FIR/Charge-sheet in Light of Exoneration in Departmental Proceedings: Settled or Unsettled Law

by Shruti Awasthi† and Arpit Singh††

Op Eds OP. ED.

Tenability of Successive Complaints Based on Similar Facts for Dishonour of Cheque under the Negotiable Instruments Act, 1881 and Cheating under Section 420 IPC

by Ankur Mishra†

Cases Reported SCC Weekly

2022 SCC Vol. 9 Part 4

Criminal Procedure Code, 1973 — Ss. 451 and 457: In this case, civil suit was pending between financier of vehicle

Case Briefs Supreme Court

‘Delays in prosecuting the corrupt breeds a culture of impunity’; Sanction requests under PC Act must be decided within 4 months but proceedings cannot be quashed for delay: SC

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.

Case Briefs High Courts

‘S.I.R cannot be generated at the drop of a hat’; Karnataka High Court quashes corruption proceedings initiated by ACB under Prevention of Corruption Act, 1988

Karnataka High Court: M Nagaprasanna, J. quashed the proceedings initiated against a public servant working as an Executive Engineer in

Case Briefs High Courts

MP HC | Government official alleged for corruption charges denied bail

Madhya Pradesh High Court: Anand Pathak, J. dismissed an application for bail which was filed by the applicant, who had been arrested

Case Briefs High Courts

Power of Revision vis a vis Stage of Framing of charges; Strong suspicion at the initial stage is sufficient for the court to proceed with framing of charges

Rajasthan High Court: Pushpendra Singh Bhati, J., refused to interfere with the impugned order due to lack of any legal infirmity. The

Case Briefs High Courts

MP HC | When can the issue relating to absence of sanction or the order of sanction being a nullity, be raised? Court discusses

Madhya Pradesh High Court: The Division Bench of Prakash Shrivastava and Arun Kumar Sharma, JJ., dismissed a petition in which the issue

Case Briefs High Courts

Bom HC | Mere recovery of tainted money without sufficient evidence to prove payment of bribe or to show voluntary receipt of money. Can accused be convicted under Prevention of Corruption Act? Read on

Bombay High Court: K.R. Shriram, J., while explaining the concept of bribe under the Prevention of Corruption Act, 1988, upheld the decision

Case Briefs Supreme Court

“Already dismissed from service on being convicted”; Supreme Court reduced quantum of sentence of 70 years old appellant, convicted under Prevention of Corruption Act

Supreme Court: In a case relating to Prevention of Corruption Act, the 3-judge bench of Ashok Bhushan, R. Subhash Reddy and M.R.

Op Eds OP. ED.

The Punishment Conundrum – Section 13 of Prevention of Corruption Act, 1988 Act and Sections 3 & 4 of Prevention of Money-Laundering Act, 2002

by Rahul M. Shankhar*

Case Briefs High Courts

Chh HC | Whether the ‘bank account’ falls within the term “property” under S. 102 (1) CrPC? HC elaborates in regard to the settled position of law

Chhattisgarh High Court: Sanjay K Agrawal J., dismissed the petition holding that bank account is considered as property within the meaning of

Case Briefs High Courts

Kar HC | Material placed on record sufficiently prove offences under Ss. 120-B and 420 IPC and no infirmity warranting interference under Art. 226 noted; Petition dismissed

Karnataka High Court: John Michael Cunha J., while rejecting the present petition, recorded no error or infirmity in the challenged order warranting

Case Briefs Supreme Court

Unless extended for “good reason”, stay by ‘any court’ automatically expires within a period of six months; SC reminds

Supreme Court: Clarifying the legal position on expiry of stay, the 3-judge bench of RF Nariman, Navin Sinha and KM Joseph, JJ

Case Briefs High Courts

Jhar HC | Exoneration from departmental proceedings has nothing to do with criminal proceedings in the Court if the allegations levelled are different

Jharkhand High Court: Anubha Rawat Choudhary, J., dismissed the criminal petition seeking exoneration from criminal proceedings. In the present case, the petitioner

Case Briefs High Courts

Pat HC | No cognizable offence disclosed in FIR though the apparent allegation of embezzlement of money held to be a legitimate ground for proceeding trial

Patna High Court: Birendra Kumar, J. dismissed a criminal miscellaneous application filed by the petitioner challenging the order of cognizance passed against