Rajya Sabha Passes the ‘Bharatiya Vayuyan Vidheyak, 2024’  ||  Del. HC: It’s a Disturbing Trend of Exploiting Social Media Platforms for Committing Sexual Offences  ||  Ori HC: State Can’t Question Maintain. of Suit for No Notice at Stage of Appeal if Not Done in WS  ||  Ker. HC: Can’t Call Putting Up Boards of Temples, Mosques on Busy Roads as Religious Practice  ||  P&H HC: If People are Allowed to Stay All Night at Bars and Pubs, it will Hamper Indian Society  ||  SC: NCR States to Ask Workers to Register Themselves on Portal for Receiving Subsistence Allowance  ||  Rajya Sabha Passes the Boilers Bill, 2024  ||  NCLAT: Authority Can’t Pass Adverse Remarks against RP Performing Duties as Per CoC’s Instruction  ||  Tel. HC: Teacher Eligibility Test Guidelines Framed to Ensure that Competent Persons are Recruited  ||  Ker. HC: Loss in Derivative Business Would be a Business Loss for Purposes of Section 72 of IT Act    

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 2024 - All Rights Reserved