J&K&L HC: Failure to Frame Limitation Issue Not Fatal; Courts May Examine Limitation Suo Motu  ||  Bombay HC: Preventing Feeding Stray Dogs at Society or Bus Stop is Not 'Wrongful Restraint'  ||  Gujarat HC: Not All Injuries Reduce Earning Capacity; Functional Disability Must Be Assessed  ||  Delhi HC: Framing of Charges is Interlocutory and Not Appealable under Section 21 of NIA Act  ||  Supreme Court: Mutation of Revenue Records Can Be Based on a Will  ||  Supreme Court: Informant’s Criminal Revision Does Not Abate on Death; Other Victims May Continue  ||  Supreme Court: Driving Licence Renewal After a Gap Will Not Take Effect From Expiry Date  ||  Supreme Court: High Courts Cannot Quash Cheque Bounce Cases by Pre-Trial Inquiry Into Liability  ||  Supreme Court: Passport Renewal Cannot be Denied if Trial Court Has Permitted it Despite Pending Case  ||  SC: Delay in Depositing Sale Balance Does not Make Specific Performance Decree Inexecutable    

V. Sejappa v. State - (Supreme Court) (12 Apr 2016)

Mere handing over of currency notes not illegal gratification

MANU/SC/0494/2016

Criminal

Merely handing over money to a government official is insufficient to establish illegal gratification in the absence of proof of demand, the Supreme Court held.

The case at hand involved a government official having allegedly demanded Rs. 5000 from a retiree before he would sanction his retiral benefits and pension. Pursuant to a probe being conducted, the Appellant was found to have handled tainted money.

The court, however, was disinclined to be swayed by such singular evidence, noting that the Appellant was absent from office on official business when demand was made; there remained a dearth of evidence proving demand. It was also critical of the High Court’s failure to consider the defence that the amount paid by the retiree may have been for purchase of diesel.

Relevant : Umedbhai Jadavbhai Case MANU/SC/0164/1977 C.M. Sharma v. State of A.P. MANU/SC/0981/2010 Muralidhar alias Gidda and Anr. v. State of Karnataka MANU/SC/0294/2014

Tags : ILLEGAL GRATIFICATION   PROOF OF DEMAND  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved