Judgments - PREVENTION OF CORRUPTION ACT, 1988

Law laid down - 1. Section 311 of the Cr.P.C – The Section is in two parts. In the first part, the word “may” is employed whereas second part uses “shall”. Thus, first part gives pure discretion to the criminal court whereas second part makes it mandatory to summon the witness. Second part of Section 311 of the Cr.P.C - The litmus test to exercise power under the second part aforesaid is whether it is essential to the just decision of a Full Judgment

Tags PC Act

Delhi High Court (Single Judge)

MANDEEP KAUR DHILLON & ANR VERSUS CBI/BS AND FC/NEW DELHI

CRL.M.C., 1344 of 2021, Judgment Date: Oct 12, 2021

Full Judgment

Tags Quashing Of Complaint/ Orders

Supreme Court of India (Full Bench (FB)- Three Judge)

Central Bureau of Investigation (CBI) and Anr. Versus Thommandru Hannah Vijayalakshmi @ T. H. Vijayalakshmi and Anr.

Appeal (Crl.), 1045 of 2021, Judgment Date: Oct 08, 2021

Full Judgment

Tags PC Act Disproportionate Assets

Madhya Pradesh High Court (Single Judge)

Dhirendra Kumar Dubey Vs. The State of M.P. & Others

WRIT PETITION, 823 of 2016, Judgment Date: Oct 08, 2021

Full Judgment

Tags Removal From Service PC Act Conspiracy

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Rajendra Kumar Gautam Vs. State of MP

MCRC, 3139, 2603 of 2021, Judgment Date: Sep 28, 2021

Law laid down - 1. Departmental inquiry and FIR/Criminal case based on same facts/incident – In every case, it cannot be said as a rule of thumb that exoneration in departmental enquiry on merits must result into setting aside of FIR. If it is found on merits that there is no contravention of the provision of the Act in the departmental inquiry, the continuance of trial of person concerned can be treated as an abuse of the process of the Court. 2. Full Judgment

Tags Departmental Enquiry Charge PC Act

Supreme Court of India (Division Bench (DB)- Two Judge)

RAKESH KUMAR VERSUS STATE OF UTTAR PRADESH & ORS.

Appeal (Crl.), 1078 of 2021, Judgment Date: Sep 24, 2021

Full Judgment

Tags PC Act Prosecution Sanction

Delhi High Court (Single Judge)

RAM NARESH TIWARI VERSUS C.B.I

CRL.A., 289 of 2001, Judgment Date: Sep 15, 2021

Full Judgment

Tags Corruption Appeal

Delhi High Court (Single Judge)

SHRI CHAND VERSUS CENTRAL BUREAU OF INVESTIGATION

CRL.M.C., 1721 of 2021, Judgment Date: Aug 23, 2021

Full Judgment

Tags Quashing Of FIR

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Sabit Khan Vs. State of M.P. and others

WRIT PETITION, 7818 of 2021, Judgment Date: Aug 12, 2021

Law laid down - 1. Section 19 of the PC Act requires previous sanction for prosecution. Sub section (3) thereof puts a rider that absence of or any error, irregularities etc. in sanction will not be a ground to reverse a finding or sentence unless in the opinion of the Court failure of justice has infact occasioned thereby. Sub section (4) thereof relates to raising an objection in this regard at an early stage in the proceedings. 2. The Act of granting Full Judgment

Tags Corruption PC Act