Supreme Court: Foreign Companies’ Head Office Expenses in India are Capped under Section 44C  ||  SC Directs Trial Courts to Systematically Catalogue Witnesses and Evidence in Criminal Judgments  ||  SC Calls For Sensitising Future Generations on Equality in Marriage to Combat Dowry Practices  ||  SC: Separate Suits Against Confirmed Auction Sales are Barred; Remedy Available under Sec 47  ||  NCLT Mumbai: Oppression Claims Against Majority Shareholders Do not Justify Winding up a Company  ||  J&K&L HC Rules it Illegal and Inequitable to Deny Regularisation to a Daily Wager After 34 Years  ||  J&K&L High Court: Revisional Powers Must Be Used Within Reasonable Time; Merits Don’t Justify Delay  ||  Supreme Court: Compassionate Appointees Cannot Later Claim Entitlement to a Higher Post  ||  NCLAT New Delhi: Insolvency Pleas Cannot Be Admitted When Information Utility Records Show a Dispute  ||  NCLAT: Issuing Cheques For Another Entity’s Liabilities Does not Constitute Operational Debt    

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