other person, any
gratification (other than legal remuneration)
or any valuable thing from any person, it
shall be presumed, unless the contrary is
proved, that ... agreed to accept or attempted to obtain that
gratification or that valuable thing, as the
case may be, as a motive or reward such
Georgekutty Kurian vs Spe/Cbi on 8 January, 2008
IN THE HIGH COURT OF KERALA
prima facie made out, as a
valuable thing (plot) or pecuniary advantage has been given by BSH to the
AJL through corrupt and illegal means ... misconduct if he obtains for
himself or any other person, any valuable thing or pecuniary advantage by
'abusing his position' or 'without
abuse of position as a public servant to
obtain any valuable thing or pecuniary advantage cannot be held to
be proved. The proof of demand ... other person, any gratification (other than
legal remuneration) or any valuable thing from any person, it shall be
presumed, unless the contrary is proved, that
attempts to obtain
for himself or for any other person, any valuable thing without Consideration or
for a consideration which he knows to be inadequate ... illegal means obtains for himself or for any other person
any valuable thing or pecuniary advantage; or
(ii) by abusing his position as a public
there is no allegation that the accused persons gained any
valuable thing or pecuniary advantage in lieu of the appointments. She
placed reliance
such
public servant, and that he should have obtained a
valuable thing or pecuniary advantage for himself
or any other person. Likewise, Section ... abuse of position as a public servant to
obtain any valuable thing or pecuniary advantage
cannot be held to be proved. The proof of demand
there is no allegation that the accused persons gained any
valuable thing or pecuniary advantage in lieu of the appointments. She
placed reliance
prima facie made out, as a
valuable thing (plot) or pecuniary advantage has been given by BSH to the
AJL through corrupt and illegal means ... misconduct if he obtains for
himself or any other person, any valuable thing or pecuniary advantage by
'abusing his position' or 'without
abuse of
position as a public servant to obtain any valuable thing or
pecuniary advantage cannot be held to be proved. Not only
the proof ... abuse
of position as a public servant to obtain any valuable
thing or pecuniary advantage cannot be held to be
proved. The proof of demand
