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1 - 10 of 13 (0.52 seconds)Article 227 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
The Prevention of Corruption Act, 1988
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 20 in The Prevention of Corruption Act, 1988 [Entire Act]
Neeraj Dutta vs State(Govt.Of N.C.T.Of Delhi) on 15 December, 2022
13. The learned Senior counsel for the petitioner
has relied upon the judgment of the Hon'ble Supreme
Court in the case of Neeraj Dutta stated supra has
held that the demand and acceptance are sine qua non
for proving the case punishable under Section 7 of the
P.C. Act. The Hon'ble Supreme Court has held at
paragraph No.3 that proof of demand is sine qua non
for the offence to be established under Section
7(13)(1)(d)(ii) of the Act and dehors the proof of
demand, the offence under two Sections cannot be
brought home. Mere acceptance of any amount
allegedly by way of illegal gratification of recovery there
of in the absence of proof of demand could not be
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sufficient to bring home the charge under Section 7,
(13)(i)(ii) of the Act. After the judgment of the
constitution Bench of the Hon'ble Supreme Court, once
again the Division Bench of the Hon'ble Supreme Court
in the subsequent judgment of Neeraj Dutta's case,
has considered the legal position at paragraph No.8 of
the judgment and finally at paragraph No.10 has held
that:
Soundarajan vs State Rep. The Inspector Of Police ... on 17 April, 2023
In support of his case, the
learned counsel has relied upon the judgments of the
Hon'ble Supreme Court in the cases of Neeraj Dutta
stated supra and Soundarajan vs. State in
7
Crl.A.No.1592/2022 and the judgement of the Co-
Mr N Thejas Kumar vs The State Of Karnataka on 21 March, 2022
In view of the judgment of the Hon'ble
Supreme Court and Co-ordinate Bench of this Court,
this Court in the case of N. Thejas Kumar vs. State
and Another in W.P.No.915/2022 (GM-RES) dated
21.03.2022 also held that the demand and acceptance
is sine qua non for proving the charges against the
accused for the offence punishable under Section 7 of
the P.C. Act.
K. Thippanna @ Thippeswamy vs Varalakshmi & Anr on 24 February, 2012
ordinate Bench of this Court in the case of
Thippeswamy vs. State and Another in
W.P.No.15644/2022 (GM-RES).