AI Overview...
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Judicial Approach to Responsibility and Procedure - Courts have emphasized that mere issuance of a cheque does not establish dishonor or liability; specific roles and responsibilities must be clearly stated in the complaint. For instance, in Apparel Export Promotion Council and others (2013), the Supreme Court quashed proceedings against a director due to lack of role specification in the complaint 2013 (1) ALT (Crl.) 233 (SC).
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Quashing of Proceedings - Several cases highlight the importance of proper cognizance and procedural correctness. In the case involving the petitioner Jayalakshmi (2013), proceedings were quashed due to lack of evidence showing how the petitioner could be made liable 2013 (3) ALT (Crl.) 1 (SC).
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Prosecution under Prevention of Corruption Act - Conviction requires proof beyond reasonable doubt. Mere recovery of money is insufficient for establishing guilt under Sections 7 and 13(1) of the Prevention of Corruption Act. Cases like State of A.P. (2012) reaffirm that demand and acceptance are pre-requisites for such offences 2012 (2) ALT (Crl.) 147 (SC).
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Legal Requirements for Offences - Courts have clarified that for offences under the Prevention of Corruption Act, there must be clear evidence of demand and acceptance of illegal gratification. Absence of such demand undermines the case, as seen in Madan Mohanlal Verma and Mukut Bihari cases AIR 2013 SC 3368.
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Criminal Procedure and Bail - Sections 439 and 313 of the Criminal Procedure Code are crucial in bail considerations and proceedings. Courts have emphasized that proceedings must be justified by proper evidence and legal standards, as in Nimmagadda Prasad (2014) 2014 (1) ALT (Crl.) 100 (SC).
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Legal Petitions and Family Disputes - Petitions under Sections 12, 18-22 of the Act involve family law and domestic issues, with courts assessing the validity of claims and petitions based on evidence and legal provisions, as seen in Sandhya Manoj Wankhade and related cases.
Analysis and Conclusion:
The cases collectively underscore that criminal proceedings must be founded on clear, specific, and legally valid grounds. Liability, especially under financial and corruption laws, hinges on explicit proof of role, demand, and acceptance. Procedural correctness and proper framing of charges are vital for the quashing or sustaining of cases. Courts consistently stress the importance of evidence-based assessments to prevent unwarranted prosecution or wrongful conviction.
Search Results for "Alt Cri 2013 3 1"
• India - Andhra Pradesh
C.PRAVEEN KUMAR
functioning - He had not issued any cheque how he is responsible for dishonor of cheque has not been stated - Allegations made in para-3, ... Apparel Export Promotion Council and another (5) 2013 (1) ALT (Crl.) 233 (SC) = 2012 (8) SCJ 624 = (2012) 1 SCC 520, at paragraph No.22, the Apex Court quashed the proceedings against the Director of a company on the ground that the complaint petition has not specified the role ... State (NCT of Delhi) and another (4) 2007 (3) ALT#HL_EN....
2019 0 Supreme(Telangana) 177 • India - Telangana
B.SIVA SANKARA RAO
Ltd. 2013 (3) ALT (Crl.) 1 (SC) : 2013 Crl.L.J. 3743. In that count, the cognizance order against the petitioner has to be quashed. 8. Having regard to the above, this Criminal Petition is allowed by quashing the proceedings in C.C. ... 3. ... Jayalakshmi-A.1-the petitioner herein. There is nothing to show how the A.1 can be made liable. ... Heard the learned counsel for the petitioner/A. 1 and for the 2nd respondent-A.2 not necess....
2021 0 Supreme(AP) 880 • India - Andhra Pradesh
C.PRAVEEN KUMAR
Criminal Procedure code, 1973 - Section 164, 207, 313 - Prevention of Corruption Act, 1988 - Sections 7 and 13(1) ... - Whether prosecution was able to bring home guilt of A.O. beyond reasonable doubt for offences punishable under Sections 7, 13(1) ... recovery of money is not sufficient to convict Accused Officer for offences punishable under Sections 7 and 13(2) read with 13(1) ... State of A.P., [2012 (2) ALT (Crl.) 147 (SC) : (2010) 15 SCC 1 : (2013) 2 SCC (Cri) 8....
• India - Crimes
B.SIVA SANKARA RAO
(A) Prevention of Corruption Act, 1988—Sections 7 and 13 (2) read with Section 13 (1) (d)—Illegal gratification—Before ... (Para 13) (B) Prevention of Corruption Act, 1988—Sections 7 and 13 (2) read with Sections 13 (1) (d) and 19 ... no any demand at all which is a pre-requisite for so called acceptance to constitute an offence under Section 7 & 13(2) r/w 13(1) ... Madan Mohanlal Verma AIR 2013 SC 3368, Mukut Bihari v. State of Rajasthan 2012 (3) ALT (Crl.) 327 (SC) = (2012) 11 SCC 64....
2018 0 Supreme(All) 1806 • India - Allahabad
OM PRAKASH VII
Shri Sheo Raj Singh and Anr., 2003 (1) ALT Cri 2. ... 3. Dr. Ajay Chaturvedi Vs. State of U.P. & Others (order dated 22.5.2013 passed in criminal revision no.1722 of 2010.) ... 4. ... ... 3. Submission of the learned counsel for the revisionist is that the revisionist is the legally wedded wife of opposite party no.2. It was a second marriage. ... In support of his contention, reliance was placed by the learned counsel for the revisionist on the following case laws : ... 1#....
2019 0 Supreme(Telangana) 436 • India - Telangana
G.SRI DEVI
Drugs and Cosmetics Act - Drug Manufacturing - Section 32, 18(a)(i), 16, 27(d), 17B(d), 27(c), 18-A, 22(1)(cca), 25(2), 18-B, ... 25(3), 25(4) - The court discussed the provisions of the Drugs and Cosmetics Act, 1940, including the requirements for drug testing ... State of Tamil Nadu, (2019) 1 SCC (Cri) 717 3. M.V. Srinivasa Rao, Prop. M/s. Essel Pharma, Solan vs. State of Andhra Pradesh, 2019 (3) ALT (Crl) 58 (AP) : Crl. Pet. No. 3948/2013, dated 1....
2018 0 Supreme(AP) 380 • India - Andhra Pradesh
B.SIVA SANKARA RAO
State of Bihar, 2005 (1) ALD Cri 65 (SC) : 2005 (1) SCC 88, State of H.P. Vs. Mango Ram, 2000 (7) SCC 224, Deepak Gulati Vs. State of Haryana, 2013 (3) ALT (Crl) 339 SC, Yedla Srinivasas Rao Vs. ... State of A.P., 2007 (1) ALT (Crl) 61 (SC), Pradeep Kumar Verma Vs. State of Bihar, 2008 (2) ALT (Crl) 445 (SC) and State of UP Vs. Naushad, 2014 (1) ALD Crl 634 (SC). ... 13. ... State of Kerala, (2013....
• India - Crimes
M.VENKATA RAMANA
Criminal Procedure Code, 1973 – Section 439 – Indian Penal Code, 1860 – Sections 409, 420 and 120B read with Sections 13(1) ... Govt. of U.P. and others (14) 2014 (1) ALT (Crl.) 100 (SC) = AIR 2014 SC 187, Nimmagadda Prasad v. Central Bureau of Investigation (15) (2013) 3 SCC (Cri) 575, The State of Telangana v. ... Mansukhbhai Kanjibhai Shah (3) 2020 (2) ALT (Crl.) 357 (SC) = 2020 SCC OnLine SC 412 relied for the respondent is relevant and apt to co....
2019 0 Supreme(Telangana) 348 • India - Telangana
B.SIVA SANKARA RAO
Prevention of Corruption Act, 1988 – Sections 7, 13 (2), 13 (1) (d) – Appeal against the accused beyond ... and discussed supra to sustain charges, seizure of pending bills filed with accused also does not infer any demand for what PW.1 ... and discussed supra to sustain charges, seizure of pending bills filed with accused also does not infer any demand for what PW.1 ... Madan Mohanlal Verma, AIR 2013 SC 3368, Mukut Bihari v. State of Rajasthan, (2012) 11 SCC 642, M.Janardhan v. State of A.P., 2013(2) #....
2019 0 Supreme(Kar) 1312 • India - Karnataka
JOHN MICHAEL CUNHA
1. Sandhya Manoj Wankhade Vs. Manjoj Wankhade, (2012) 2 ALT(Cri) 391 2. Kalpana Vs. Hanama @ Seema and others, Manu/MH/1590/2013 3. Neeraj Goswami Vs. ... Jayanta Chandra (respondent No. 1 in Crl. Misc. Petition No. 70/2015) on 06.12.2013. ... She filed a petition under Section 12 read with Section 18, 19, 20 and 22 of the Act against her husband, sister-in-law, mother-in-law and father-in-law who are respondent Nos. 1 to 3 in this....
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