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1 - 10 of 16 (0.32 seconds)D.S.P., Chennai vs K. Inbasagaran on 7 December, 2005
In D.S.P.Chennai Vs. Ibasagaran (supra), the
Supreme Court has observed that in an appeal against the order of
acquittal the question is when the accused has provided satisfactory
explanation that all the money belonged to his wife and she has
owned it and the Income Tax Department has assessed it in her
hand, then, in that case, whether he could be charged under the
Prevention of Corruption Act. Similar view was taken in other
decisions.
Akhilesh Yadav vs Vishwanath Chaturvedi & Ors on 13 December, 2012
In the case of Akhilesh Yadav Vs. Vishwanath Chaturvedi
& others (supra), the Court was dealing with review petition in
respect to earlier order passed by Supreme Court issuing directions
by CBI to inquire against disproportionate assets of petitioner. The
Supreme Court felt that there is absolutely no evidence to hold such
an inquiry against wife of accused who is not a public servant. The
ratio in the said decision is not applicable in the present case. The
other decisions relied upon by learned counsel are in relation to
applicability of Section 19 of P.C.Act. In the facts and circumstances
of present case, the ratio laid down in the said decisions are not
applicable. Prima facie case is made out to frame charges against
applicants and proceed with the trial.
N.P. Lotlikar vs C.B.I. And Another on 11 November, 1992
In the case of
N.P.Lotlikar Vs. CBI (supra), this Court has observed that it is the
failure to satisfactorily account for such possession of pecuniary
resources or property which is disproportionate to the known sources
of income that is objectionable. It is not merely acquisition that
constitutes the offence.
Section 19 in The Prevention of Corruption Act, 1988 [Entire Act]
The Prevention of Corruption Act, 1988
P K Pradhan vs The State Of Sikkim Represented By The on 24 July, 2001
Romesh Lal Jain vs Naginder Singh Rana & Ors on 28 October, 2005
State Of Tamilnadu Rep. By Its vs N.Rajan on 2 July, 2018
Learned APP relied upon the decision of Supreme Court in
case of State of Tamil Nadu Vs. N.Suresh Rajan and others 13 and
submitted that no money trial is contemplated at the stage of
considering discharge application.