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1 - 10 of 29 (0.34 seconds)Section 420 in The Indian Penal Code, 1860 [Entire Act]
The Prevention of Corruption Act, 1988
Section 17 in The Prevention of Corruption Act, 1988 [Entire Act]
Section 120B in The Indian Penal Code, 1860 [Entire Act]
Section 30 in The Prevention of Corruption Act, 1988 [Entire Act]
Section 15 in The Prevention of Corruption Act, 1988 [Entire Act]
Section 409 in The Indian Penal Code, 1860 [Entire Act]
Central Bureau Of Investigation vs A Raja & Ors on 23 November, 2020
6.7. Eighthly, he has contended that in terms of law laid down in
A. Raja case (supra) there is no impediment in framing charge under Section
13(1)(d) of the PC Act, since the offences alleged were committed prior to
coming into force of the 2018 amendment which was notified on
26.07.2018. Lastly, the contention is that the act of re-allotment by BSH
cannot be treated as an error of judgment, as contended by learned senior
counsel for the petitioner. There is enough material on record to prima facie
establish that it was done with mala fide intention, by abusing the official
position.
The State Of Telangana vs Managipet @ Mangipet Sarveshwar Reddy on 6 December, 2019
4. Mr. Poonia, learned senior counsel, also appearing on behalf of
BSH, raised an additional ground that charge under Section 13(1)(d)
of the PC Act could not have been framed as the provision stood substituted
with a new one by way of an amendment to the Act notified on 26.07.2018,
Prevention of Corruption (Amendment) Act, 2018 (16 of 2018), which was
prior to presentation of chargesheet in the Court, 30.11.2018. The provision
which was not there on statute book on the day of presentation of
chargesheet, could not have been invoked against the petitioner. In this
regard he has also referred to the saving provision, Section 30, which does
not contain any clause to save Section 13(1)(d) of the original Act; it has
been omitted altogether. And as per the settled law, omission of a statutory
provision means it never existed in the Act. To reject the contention, learned
trial Court wrongly relied upon the Delhi High Court judgment in
Central Bureau of Investigation v. A. Raja and others, 2021(2) RCR
(Criminal) 692, which is based upon the Supreme Court judgment in
State of Telangana v. Sri Managipet alias Mangipet Sarveshwar Reddy,
2019 (19) SCC 87, since the latter is not a binding precedent as it has
not considered the aforementioned relevant aspects concerning the
amendment.