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1 - 10 of 11 (0.26 seconds)The Prevention of Corruption Act, 1988
State Of Madhya Pradesh vs Awadh Kishore Gupta And Ors on 18 November, 2003
74. Now during the check period evidence of PW1 brings
out that property at C1/25A, Second Floor, Panchsheel, Khirki
New Delhi was purchased by accused in the name of his wife
for a total consideration of Rs. 4 lakhs. Further, another
property sold by the accused was a plot measuring 250 yards at
Ambedkar for Rs.2,80,000/. This amount cannot be taken as
an income of the accused as that would amount to legitimizing
his ill gotten money. Reference can be had to observations in
the case of State of Madhya Pradesh v. Awadh Kishore Gupta
(supra).
Section 389 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of Maharashtra vs Wasudeo Ramchandra Kaidalwar on 6 May, 1981
57. It must be kept at the back of our mind that the Superior
Courts have observed in a catena of decisions that a liberal view
must be taken of what proportion of assets in excess of the
known sources of income constitutes "disproportionate" for
Sec. 13(1)(e)of the Act. As per Oxford Advance Learner's
Dictionary, the meaning of 'disproportionate' is " too large or
State (CBI) v. Shashi Bhanu Page No.21/48
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too small when compared with something else". Thus, in order
to hold a person guilty for possession of disproportionate
assets, the difference should be too large or unconscionable
and not too small or trivial. Further, it must be understood that
the prosecution has to stand on its own legs and must prove its
case beyond reasonable doubt, and in doing so the prosecution
cannot derive any strength or support from the weakness in the
case of the defence. Reference can be had to decision in State
of Maharashtra Vs. Wasudeo Ramchandra Kaidalwar" AIR
1981 SC 1186.
Section 1 in The Prevention of Corruption Act, 1988 [Entire Act]
Section 16 in The Prevention of Corruption Act, 1988 [Entire Act]
The Indian Evidence Act, 1872
Rabindra Kumar Dey vs State Of Orissa on 31 August, 1976
In regard to what is the nature and extent of explanation
to be rendered by the accused, the
Apex Court in Rabindra Kumar Dey Vs. State of Orissa, AIR
1977 SC 170 inter alia held while dealing with a case of
Prevention of Corruption Act that: