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Sudha Singh And Anr vs The State Of Bihar Through Vigilance on 27 September, 2023

11. Learned counsel also harped on the fact that in every case the intention of the legislature is to be seen and under what circumstances the present Act has been enacted. Learned counsel submitted that vires of the Act was examined and upheld by the Hon'ble Apex Court in the case of Yogendra Kumar Jaiswal Vs. State of Bihar and others (supra). Learned counsel submitted that the Act of 2009 was brought into existence to curb the tendency of public servant in acquiring wealth by illegal means and if on technicalities such cases are closed, it would only embolden such unscrupulous person to indulge into corruption with impunity. Patna High Court CR. APP (SJ) No.662 of 2013 dt.27-09-2023 10/19 Moreover, if the legal heirs succeed in getting the order reversed in the present appeal, their right to property survive and maxim actio personalis moritur cum persona, i.e., a personal right of action that dies with the person will not be applicable.
Patna High Court Cites 28 - Cited by 0 - A K Jha - Full Document

Naresh Paswan vs The State Of Bihar Through Vigilance on 27 September, 2023

17. Learned counsel also harped on the fact that in every case the intention of the legislature is to be seen and under what circumstances the present Act has been enacted. Learned counsel submitted that vires of the Act was examined and upheld by the Hon'ble Apex Court in the case of Yogendra Kumar Jaiswal Vs. State of Bihar and others (supra). Learned counsel submitted that the Act of 2009 was brought into existence to curb the tendency of public servant in acquiring wealth by illegal means and if on technicalities such cases are closed, it would only embolden such unscrupulous person to indulge into corruption with impunity. Moreover, if Patna High Court CR. APP (SJ) No.1371 of 2022 dt.27-09-2023 12/21 the legal heirs succeed in getting the order reversed in the present appeal, their right to property survive and maxim actio personalis moritur cum persona, i.e., a personal right of action that dies with the person will not be applicable.
Patna High Court Cites 21 - Cited by 0 - A K Jha - Full Document
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