Search Results for Tag : Prevention of corruption
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Officers of private bank punishable under POCA(23.02.2016)
Officers of a private bank, specifically its Chairman, Directors and other Officers are ‘public servants’ who can be prosecuted under the Prevention o.....
Tags : Prevention of corruption, bankers, public duty
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Kerala HC: 'Criminal Breach of Trust' & 'Misappropriation' Must to Prove Offence U/S 13(1)(c) PC Act(25.07.2023)
Kerala HC while upholding the conviction of Lower Division Clerk under the Prevention of Corruption Act, 1988 has observed that ingredients of crimina.....
Tags : Kerala HC, Prevention of Corruption Act, 1988
J&K&L HC: Public Servant Can’t be Prosecuted Under Other Penal Law, if Sanction under POCA is Denied(12.07.2022)
Jammu and Kashmir and Ladakh High Court has held that it is not open to the investigating agency to file a challan on the same set of facts against th.....
Tags : Jammu and Kashmir and Ladakh High Court, Prevention of Corruption, Challan
Provisions Of PC Act Can’t Be Dropped On Mere Filing Of Status Report, Says Delhi HC(12.12.2017)
Delhi High Court has held that provisions of the Prevention of Corruption Act cannot be dropped on mere filing of the status report by the probe agenc.....
Tags : Delhi High Court, Prevention of Corruption Act
J&K&L HC: Elaborate Reasons Not Necessary While Issuing Entrustment Orders(08.08.2022)
Jammu and Kashmir and Ladakh High Court has held that merely because elaborate reasons have not been given in entrustment orders passed by Superintend.....
Tags : Jammu and Kashmir and Ladakh High Court, Prevention of Corruption Act, Entrustment Orders
JKL HC: Offences Under PoC Act can be Invoked Against Person Discharging Public Duty(27.09.2023)
Jammu and Kashmir and Ladakh High Court has held that offences under Prevention of Corruption (PoC) Act can be invoked not only against a public serva.....
Tags : Jammu and Kashmir and Ladakh High Court, Prevention of Corruption, Public Duty
SC Issues Notice to Centre on PIL Challenging Prevention of Corruption Act Amendments(27.11.2018)
Supreme Court has issued notice on a petition filed by the Centre for Public Interest Litigation (CPIL), challenging two amendments to the Prevention .....
Tags : Supreme Court, Prevention of Corruption Act
Kar. HC: PoC Act Provides Two Fold Protection to Public Servants(11.10.2023)
Karnataka High Court has held that PoC Act has conferred a two-fold protection to public servants for offences under the Act; firstly, a prior approva.....
Tags : Karnataka High Court, Prevention of Corruption Act, Public Servant, Protection
Bombay HC: Order Under Prevention of Corruption Act to Demonstrate Application of Mind(25.02.2021)
Bombay High Court has ruled that an order granting permission or sanction to prosecute an individual under the Prevention of Corruption Act, 1988 must.....
Tags : Bombay High Court, Order Under Prevention of Corruption Act
Delhi HC: Amendment to Prevention of Corruption Act Not to Apply to Offences Taken Place(26.11.2020)
Delhi High Court has held that the 2018 amendment to the Prevention of Corruption Act, does not apply to the offences which have already taken place.
Tags : Delhi High Court, Amendment to Prevention of Corruption Act
SC: ‘Known Sources of Income' Means Sources Known to Prosecution And Not to Accused(06.09.2022)
Supreme Court has held that term ‘known sources of income’ in Section 13(1)(e) of the Prevention of Corruption Act, 1988 would mean the sources known .....
Tags : Supreme Court, Prevention of Corruption, Sources of Income
SC: Mere Possession of Currency Notes Not Sufficient to Constitute Offence u/s 7 of PCA(04.02.2021)
Supreme Court has observed that mere possession or recovery of currency notes is not sufficient to constitute an offence under Section 7 of the Preven.....
Tags : Supreme Court, Bribe, Offence u/s 7 of Prevention of Corruption Act
SC: Direct Evidence of Bribe Demand Not Necessary for Conviction Under POCA(15.12.2022)
Supreme Court Constitution Bench has held that direct evidence of demand of bribe is not necessary to convict a public servant under the Prevention of.....
Tags : Supreme Court, Constitution Bench, Prevention of Corruption Act, Bribe Demand
Del. HC: Insolvency Professional Doesn’t Fall within Meaning of “Public Servant” under the PC Act(20.12.2023)
Delhi High Court has held that Insolvency Professional does not fall within the meaning of “public servant” as prescribed in any of the clauses of sub.....
Tags : Delhi High Court, Insolvency Professional, Prevention of Corruption Act, Public Servant
Supreme Court: Acquittal under PC Act Cannot be Based Only on the Ground of Invalid Sanction(24.01.2024)
Supreme Court has held that acquittal of an accused under the Prevention of Corruption Act (PC Act) cannot be based on the sole ground of invalid sanc.....
Tags : Supreme Court, Invalid Sanction, Acquittal, Prevention of Corruption Act
Rajasthan HC Rules 'Sanction Not Necessary to Order Preliminary Inquiry Against Public Servant'(24.04.2017)
Rajasthan High Court has recently held that there is no requirement of previous sanction under Section 19 of Prevention of Corruption Act for ordering.....
Tags : Rajasthan High Court, Prevention of Corruption Act
CIC: Non-traceability of File No Excuse to Deny Information Under RTI(24.04.2017)
Central Information Commission has held that when information is being sought by applicant, non-traceability of file cannot be used as an excuse to de.....
Tags : Rajasthan High Court, Prevention of Corruption Act
Rajya Sabha Clears Prevention of Corruption (Amendment) Bill(20.07.2018)
Rajya Sabha has passed the anti-corruption bill that seeks to punish bribe givers for the first time with imprisonment of up to a maximum of seven yea.....
Tags : Rajya Sabha, Prevention of Corruption
Parliament Passes the Prevention of Corruption (Amendment) Bill, 2018(25.07.2018)
Parliament has passed an anti-corruption Bill namely the Prevention of Corruption (Amendment) Bill, 2018 that provides for punishment to bribe givers .....
Tags : Parliament, Prevention of Corruption (Amendment) Bill, 2018
Meg. HC: CBI’s Jurisdiction to Investigate Ceases if Chargesheet Doesn’t Involve Offence Under PCA(14.02.2023)
Meghalaya High Court has held that when the offences under the provisions of Prevention of Corruption Act (PCA) are dropped from chargesheet, CBI’s Ju.....
Tags : Meghalaya High Court, Prevention of Corruption, Jurisdiction, CBI
Delhi HC Stays Proceedings Against DCW Chairperson Swati Maliwal(13.03.2023)
Delhi High Court while staying proceedings against Chairperson of Delhi Commission for Women (DCW) Swati Maliwal over corruption allegations has asked.....
Tags : Delhi High Court, Prevention of Corruption, Delhi Commission for Women, Nepotism
Delhi HC: Prevention of Corruption (Amendment) Act Not to Operate Retrospectively(25.05.2020)
Delhi High Court has held that the Prevention of Corruption (Amendment) Act, 2018, so far as it substitutes Section 13(1)(d) of the principal Act, doe.....
Tags : Delhi High Court, Prevention of Corruption (Amendment) Act , 2018
SC: Judgment Allowing Circumstantial Evidence Doesn’t Dilute Need of Proof Beyond Reasonable Doubt(21.03.2023)
Supreme Court has observed that the Constitution Bench judgment that direct evidence of demand or acceptance of bribe is not necessary for a convictio.....
Tags : Supreme Court, Prevention of Corruption Act, Circumstantial Evidence, Reasonable Doubt
SC Acquits Man Convicted for Taken Bribe of Rs. 300 Twenty Years Ago(24.03.2023)
Supreme Court while observing that demand and recovery both must be proved to sustain conviction under Prevention of Corruption Act, 1988, has acquitt.....
Tags : Supreme Court, Acquittal, Prevention of Corruption
Karnataka HC: CAs, Though Not Public Servants, Can be Prosecuted Under Prevention of Corruption Act(04.10.2017)
Karnataka High Court has held that a Chartered Accountant (CA), though not a public servant can be prosecuted under the provisions of the Prevention o.....
Tags : Karnataka High Court, Prevention of Corruption Act
SC: Approver Need Not be Examined as Witness When Cognizance Taken by Special Court Under PC Act(16.06.2023)
Supreme Court has held that question of Approver being examined as a witness by the magistrate does not arise when Special Court chooses to take cogni.....
Tags : Supreme Court, Approver, Witness, Prevention of Corruption Act
SC Upholds Denial Of Anticipatory Bail To Army Doctor Who Allegedly Gave Fake Fitness Certificates(09.11.2017)
Supreme Court has upheld the decision of Punjab and Haryana High Court, wherein the latter had refused to grant anticipatory bail to Lieutenant Colone.....
Tags : Supreme Court, Lieutenant Colonel Dr. Gaurav Relhan, Prevention of Corruption Act, 1988
Rajasthan HC: Whether POC Act Can be Invoked Against Private Person Requires Consideration(28.06.2022)
Rajasthan High Court while granting bail to a Chartered Accountant has held that whether or not the provisions of Prevention of Corruption (POC) Act c.....
Tags : Rajasthan High Court, Prevention of Corruption, Private Person