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Articles for Gratification, search results for act

Not Necessary That Bribe Amount Should Be Substantial To Draw Presumption Under S.20 Prevention Of Corruption Act : Supreme Court
1 month, 2 weeks ago

Not Necessary That Bribe Amount Should Be Substantial To Draw Presumption Under S.20 Prevention Of Corruption Act : Supreme Court

Live Law  

While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of Corruption Act, 1988.As per Section 20, the Court has the discretion to refrain from drawing adverse presumption against the public servant if …

Corruption Supreme Court Court High Respondent Public Act
We have become a generation of short-term gratification, says CJI D Y Chandrachud
3 months, 2 weeks ago

We have become a generation of short-term gratification, says CJI D Y Chandrachud

New Indian Express  

BENGALURU: Studies have shown that we have become a generation of short-term gratification. The difficulties of the rapidly changing world, climate change, new modes of entertainment such as social media and an eagerness to change social evils are making us seek short-term results for complex societal problems,” Chief Justice of India DY Chandrachud said on Sunday, while addressing the 32nd …

India Student Chandrachud Cji
Offence Of Bribery Not Dependent On Actual Performance Of Act For Which Bribe Is Taken, Mere Acceptance Of Bribe Enough : Supreme Court
10 months ago

Offence Of Bribery Not Dependent On Actual Performance Of Act For Which Bribe Is Taken, Mere Acceptance Of Bribe Enough : Supreme Court

Live Law  

The offence of bribery is complete the moment illegal gratification is accepted and is not dependent on the actual performance of the promise for which the bribe was sought, stated the Supreme Court.A 7-judge Constitution Bench of the Court made this observation in the momentous judgment holding that legislators accepting bribes for casting votes or giving speech in the legislature …

Supreme Court Judgment Performance Court Constitution Bench Votes Bribe
PC Act | Once It Is Proved Public Servant Received Gratification Beyond Legal Remuneration, Statutory Presumption Operates : Supreme Court
1 year, 3 months ago

PC Act | Once It Is Proved Public Servant Received Gratification Beyond Legal Remuneration, Statutory Presumption Operates : Supreme Court

Live Law  

The Supreme Court held that once it has been proved that the accused has accepted any gratification other than the prescribed legal remuneration, the Court can raise the statutory presumption against the accused under Section 20 of the Prevention of Corruption Act, 1988 that he accepted the gratification as a motive or reward. The Supreme Court held that once it …

Supreme Court Court Prosecution Public Servant Accused Act Accepted
Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court
1 year, 4 months ago

Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court

Live Law  

While reversing an order of acquittal in a bribery case against a village officer, the Kerala High Court recently observed that CrPC does not mandate the appellate court to differentiate between the appeals against judgments of conviction or acquittal and that they have the same powers while dealing with both. It was also argued that the court below failed to …

Acceptance Evidence Court Accused Demand Illegal Presumption
CBI Ready With Chargesheet Against Manish Sisodia; Missing Phones, Graft Act to Worsen AAP Leader's Woes
1 year, 8 months ago

CBI Ready With Chargesheet Against Manish Sisodia; Missing Phones, Graft Act to Worsen AAP Leader's Woes

News 18  

Almost two months after it arrested Manish Sisodia, the Central Bureau of Investigation is ready to file a chargesheet against the former deputy chief minister of Delhi. Officials said the investigation has revealed Sisodia’s complicity in the excise policy scam, especially under Section 7 of the Prevention of Corruption Act which deals with “public servant taking gratification other than legal …

Policy Delhi Evidence Public Servant Cnn Official Cbi
Supreme Court On Corruption (2022)
1 year, 11 months ago

Supreme Court On Corruption (2022)

Live Law  

Prevention of Corruption Act, 1988 - Constitution Bench answers reference on whether circumstantial evidence can be used to prove demand of illegal gratification- In the absence of evidence of the complainant it is permissible to draw an inferential deduction of culpability/guilt of a public servant under Section 7 and Section 13 read with Section 13 of the Act based on …

Corruption Evidence Court State Accused Act Para
‘Corruption Corrodes Like Cancerous Lymph Nodes’: Circumstantial Evidence Enough to Hold Public Servant Guilty, Says SC
2 years ago

‘Corruption Corrodes Like Cancerous Lymph Nodes’: Circumstantial Evidence Enough to Hold Public Servant Guilty, Says SC

News 18  

The Supreme Court has held that circumstantial evidence is enough to hold a public servant guilty under the Prevention of Corruption Act, when there is absence of direct evidence. It said corruption is “corroding, like cancerous lymph nodes” and its “stink” severely impacted administration, nation-building and governance. The bench said it is hopeful that sincere efforts will be made to …

Corruption Public Servant Illegal Gratification
Direct Evidence Of Bribe Demand Not Necessary To Convict Public Servant Under Prevention Of Corruption Act : Supreme Court CB
2 years ago

Direct Evidence Of Bribe Demand Not Necessary To Convict Public Servant Under Prevention Of Corruption Act : Supreme Court CB

Live Law  

In an important ruling, the Supreme Court on Thursday held that direct evidence of demand or acceptance of bribe is not necessary to convict a public servant under the Prevention of Corruption Act and that the such fact can be proved through circumstantial evidence.Even if the direct evidence of the complainant is not available, owing to death or other reasons, …

Acceptance Corruption Supreme Court Evidence Court Prevention Constitution Bench
If Allegations In FIR Are Not Substantiated, Continuance Of Investigation Is Abuse Of Law: J&K&L High Court Quashes Corruption FIR Against SHO
2 years, 7 months ago

If Allegations In FIR Are Not Substantiated, Continuance Of Investigation Is Abuse Of Law: J&K&L High Court Quashes Corruption FIR Against SHO

Live Law  

The Jammu and Kashmir High Court recently quashed an FIR against a Station House Officer, accused for offences under Section 4-A of J&K Prevention of Corruption Act and Section 120-B RPC. The petitioner-SHO had challenged FIR No.20/2021 for offences under Section 4-A of J&K Prevention of Corruption Act and Section 120-B RPC registered with Police Station, Anti Corruption Bureau, Srinagar. …

Corruption Court Sho Fir Act Her Father Petitioner
PC Act - Mere Acceptance Of Amount, Without Proof Of Bribe Demand, Will Not Establish Offence Under Section 7 : Supreme Court
2 years, 10 months ago

PC Act - Mere Acceptance Of Amount, Without Proof Of Bribe Demand, Will Not Establish Offence Under Section 7 : Supreme Court

Live Law  

The Supreme Court observed that the proof of demand of bribe by a public servant and its acceptance by him is sine quo non for establishing the offence under Section 7 of the Prevention of Corruption Act.The failure of the prosecution to prove the demand for illegal gratification would be fatal and mere recovery of the amount from the person …

Acceptance Supreme Court Accused Demand Act Bribe Illegal
Mere Recovery Of Tainted Money From Accused In The Absence Of Proof Of Demand Not Sufficient To Sustain Conviction : Bombay High Court
3 years, 4 months ago

Mere Recovery Of Tainted Money From Accused In The Absence Of Proof Of Demand Not Sufficient To Sustain Conviction : Bombay High Court

Live Law  

In a case under the Prevention of Corruption Act, mere recovery of tainted money from the accused in the absence of proof of demand is not sufficient to sustain the conviction, reiterated the Bombay High Court. "Mere recovery of tainted money from the accused in the absence of proof of demand is not sufficient to sustain the conviction," the court …

Court Bombay High Court Prosecution Case State Accused Demand
'How Can You Use Children For This?': SC Refuses Pre-Arrest Bail To Rehana Fathima In POCSO Case Over Video Showing Her Children Painting On Her Semi-Nude Body [Read Order]
4 years, 5 months ago

'How Can You Use Children For This?': SC Refuses Pre-Arrest Bail To Rehana Fathima In POCSO Case Over Video Showing Her Children Painting On Her Semi-Nude Body [Read Order]

Live Law  

The Supreme Court on Friday refused anticipatory bail to controversial Kerala activist, Rehana Fathima, who was booked over a video showing her children painting on her semi-nude body.At the outset, Justice Arun Mishra, the presiding judge of the bench, asked Senior Advocate Gopal Shankaranarayanan, Fathima's counsel: "What kind of case have you brought before us? The Supreme Court on Friday …

Children Justice Video High Court Court Painting Mishra
Nudity not obscenity: Rehana Fathima, booked over video of kids painting her semi-nude body, moves SC
4 years, 5 months ago

Nudity not obscenity: Rehana Fathima, booked over video of kids painting her semi-nude body, moves SC

India Today  

Arguing that 'nudity per se cannot be treated as obscenity', controversial activist Rehana Fathima has moved the Supreme Court challenging Kerala High Court's judgement which dismissed her application for anticipatory bail. According to news agency Live Law, the HC had observed in its judgement that the video amounted to an obscene representation of children for the purposes of sexual gratification, …

Children Kerala Video Court Body Act Sexual
Prevention of Corruption (Amendment) Act 2018 Will Not Affect Offences Committed Prior To Its Enactment: Delhi HC [Read Judgment]
4 years, 7 months ago

Prevention of Corruption (Amendment) Act 2018 Will Not Affect Offences Committed Prior To Its Enactment: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court on Friday held that the Prevention of Corruption Act, 2018, so far as it substitutes Section 13 of the principal Act, does not operate in a retrospective manner. Section 13 of the Prevention of Corruption Act, 1988 originally stated, "A public servant is said to commit the offence of criminal misconduct,- if he, - by corrupt …

Court Public Interest Criminal Misconduct Amendment Public Act