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Indian Oil Corporation Ltd vs State Of Bihar & Ors on 13 August, 1986

Respondent - State of Tamil Nadu has produced a copy of the decision rendered by a learned Single Judge of the Madras High Court dated 17-6-1988, in which the identical question was considered when it arose under Section 5(1) of the Prevention of Corruption Act, 1947 (for short "the old P.C. Act") wherein it was held that "the offence of acquiring and being in possession of disproportionate assets can be abetted by another including one who is not a public servant". It was pointed out by the respondent that the aforesaid decision was challenged before this Court through a special leave petition and on 14-12-1988 this Court has dismissed the said petition. Shri K.K. Venugopal has rightly contended that dismissal of the special leave petition will not amount to upholding of the law propounded in the decision challenged through that special leave petition. The aforesaid legal position seems to be well nigh settled. [vide Indian Oil Corporation Ltd. vs. State of Bihar {1986 (4) SCC 146}]; Union of India vs. All India Services Pensioners Association {1988 (2) SCC 580}; Supreme Court Employees Welfare Association vs. Union of India {1989 (4) SCC 187].
Supreme Court of India Cites 5 - Cited by 142 - V B Eradi - Full Document
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