Patna HC: Disciplinary Authority Cannot Impose Major and Minor Penalties in a Single Order  ||  Calcutta HC: Landlord Decides His Residential Needs; Courts Cannot Set Living Standards in Eviction  ||  Orissa HC: Second Marriage During Subsistence of First Remains Invalid Even After First Wife's Death  ||  Karnataka HC: Appeals Against Acquittal in Bailable Offences Lie Only Before High Court  ||  Supreme Court: Stamp Duty on an Agreement to Sell is Leviable Only if Possession is Transferred  ||  SC: Motive Becomes Irrelevant When Direct Evidence Such as a Dying Declaration is Available  ||  Supreme Court Issues Directions to CoC in Builder Insolvency Cases To Protect Homebuyers’ Interests  ||  MP High Court: Women Retain Reservation Benefits After Marriage if Caste is Recognized in Both States  ||  Allahabad HC: Police Must Prosecute Informants of False Firs, and IOs May Face Contempt if They Fail  ||  MP HP: Over-Age Candidate Cannot Claim Age Relaxation Due to Delay in Earlier Recruitment    

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 2026 - All Rights Reserved