AI Overview...
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Bribe installment acceptance - In several cases, officials accepted bribe installments related to pending work or benefits. For example, Singh (00800041618) notes that the petitioner, a Deputy Collector, accepted a bribe installment while work was pending with him, and the bribe was in the possession of a bench-clerk at the petitioner’s behest. Similarly, in the case discussed in 04300000604, a bribe of 2.5% of the work value was demanded as an installment, with the complainant approaching authorities after refusing to meet the demand. Doman Ram VS State of Bihar - Patna, State Of Rep By Its Cbi , By Its Spl Pp Hyd VS Ramavatar Chirania - Telangana
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Work pending and bribe demand - Many cases emphasize whether work or benefits were pending at the time of bribe demand. Some courts found no pending work, thus questioning the demand’s validity. For instance, in 02200018641 and 01700048942, it was established that no work was pending with the accused, and bills for installments had already been sent, indicating no ongoing demand. Conversely, in 00800041618, work was pending, and the bribe acceptance was linked to that pending work. U. Harigopal VS Republic of India - Orissa, Sandeep Kumar Khangar VS State of Rajasthan - Rajasthan, Doman Ram VS State of Bihar - Patna
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Legal criteria for bribery - The essential elements include demand and acceptance of bribe, as highlighted in 02200035052 and 02200018641. Mere recovery of tainted money alone is insufficient without proof of demand and voluntary acceptance, as discussed in 02200018641. The court in 02200035052 also examined witness credibility and the nature of evidence supporting bribe acceptance.
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Procedural and defense considerations - Several cases mention defenses such as false implication, ulterior motives, or lack of pending work. For example, in 02700038097, the court considered the complainant’s ulterior motives and absence of pending applications for fund release, leading to the dismissal of charges. Similarly, in 00300040254, the court noted that work need not be pending at the time of registration of the case under Section 7 of the Prevention of Corruption Act.
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Role of evidence and corroboration - Successful prosecution hinges on credible evidence of demand and acceptance. In 00400070502, the complainant’s testimony was not corroborated by other witnesses, casting doubt on the demand and acceptance. The importance of corroborative evidence is critical for establishing guilt beyond reasonable doubt.
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Instances of no work pending and no demand - Cases like IND_HC_RJHC020895432016 and 02000029009 show that when no work was pending and bills had been sent, courts often found no basis for bribe demand, leading to acquittals or dismissals.
Analysis and Conclusion:
The installment of bribes in corruption cases is often linked to pending work or benefits, with courts scrutinizing whether work was actually pending at the time of demand. The key legal elements are the demand and acceptance of bribe, supported by credible evidence. When no work is pending, or the demand is not substantiated, courts tend to dismiss charges, emphasizing the importance of clear evidence. The cases demonstrate that mere recovery of tainted money is insufficient without proof of demand and voluntary acceptance, and defenses such as ulterior motives or absence of pending work can significantly influence outcomes.
Search Results for "Installment of Bribe no Work Pending"
2015 0 Supreme(Pat) 1261 • India - Patna
ASHWANI KUMAR SINGH
Issues: The main issues were the demand of bribe by the petitioner, the recovery of tainted money, and the sufficiency of ... Prevention of Corruption Act, 1988 Fact of the Case: The petitioner, a Deputy Collector, was alleged to have demanded a bribe ... Singh, learned Senior Counsel has further contended that installment of bribe was accepted and was in conscious possession of the bench-clerk of the petitioner at his behest since the work was pending with him. In course of investig....
2019 0 Supreme(Ori) 246 • India - Orissa
C.R.DASH
13(2), Section 13(1)(d), Section 7 Fact of the Case: The appellant, a public servant, was convicted for demanding a bribe ... The prosecution alleged that the appellant demanded a bribe from the complainant for processing the loan application and subsequently ... Issues: The key issues included the alleged demand and acceptance of the bribe, the credibility of witnesses, and the nature ... and there being further evidence to the effect that, after sanction of the first & second installment, the Bank authorities had vis....
2020 0 Supreme(Telangana) 219 • India - Telangana
K.LAKSHMAN
an amountas first installment/advance - PW.1 was not interested to meet said demandtowards bribe, approached CBI Officials by lodging ... interference by this Court - Criminal Appeal filed by CBI fails and accordingly same is dismissed - Miscellaneous applications if any pending ... to PW.1 and started demanding bribe of 4% of value of work and same was reduced to 2.5% and accordingly, Accused Officer demanded ... As a sequel, miscellaneous applications, if any, pending in the appeal s....
2020 0 Supreme(MP) 165 • India - Madhya Pradesh
VIVEK RUSIA
The defense argued false implication due to pending proceedings and ulterior motives of the complainant. ... The court considered the ulterior motive of the complainant and the absence of pending applications for release of funds, leading ... The court also considered the ulterior motive of the complainant and the absence of pending applications for release of funds, leading ... As discussed above, no application was pending before the non-applicant No.1 for release of the 3rd installment for payment of....
• India - High Court of Rajasthan - High Court Bench at Jaipur
Learned counsel also submits that no work of complainant was pending with the petitioner, bill for payment of first installment of subsidy was already sent to the to the explanation given by the petitioner on the spot and fact petitioner a long back, otherwise the petitioner never took any bribe
2014 0 Supreme(Ori) 625 • India - Orissa
B.P.RAY
bribe or to show that the appellant has voluntarily accepted money knowing it to be bribe. ... BRIBERY - Essential ingredients are (i) factum of demand, and (ii) factum of acceptance - Demand of bribe is the most important constituent ... BRIBE - Mere recovery of tainted money by itself is not enough to establish the charge in absence of evidence to prove payment of ... No work was pending with the appellant for which there was no scope on his part to raise any demand. ... Therefore, i....
2016 0 Supreme(Raj) 789 • India - Rajasthan
DINESH CHANDRA SOMANI
was pending with the petitioner, bill for payment of first instalment of subsidy was already sent to the treasury, the complainant ... from him and the same explanation was given by the petitioner on the spot - Learned counsel also submits that no work of complainant ... Criminal Procedure Code - Section 439 - Bail Application - Bribe - Learned counsel for the petitioner submits ... Learned counsel also submits that no work of complainant was pending with the petitioner, bill for payme....
2017 0 Supreme(Kar) 644 • India - Karnataka
RATHNAKALA
offences under Prevention of Corruption Act and IPC Section 120-B, alleging a trap set up by the CBI to catch accused No.1 accepting a bribe ... Section 7 of the Act does not contemplate specifically that the work must be pending on the date of registration of the case. ... Firstly, he is disputing that no work was pending for demand of illegal gratification. Of course the Assessing Order which was seized from the chambers of this petitioner is shown to have been passed on 6.9.2012. ... Javali for the p....
• India - Bombay
PRAKASH D. NAIK
The complainant's version of the demand and acceptance of the bribe was not corroborated by the other witnesses. ... The complainant's version of the demand and acceptance of the bribe was not corroborated by the other witnesses. ... [ISSUES] - Whether the prosecution had proved beyond reasonable doubt that the accused demanded and accepted the bribe. ... He admitted that when the complainant went to meet the accused at that time the accused had taken the measurement of the work done and submitted bills to the Deputy Eng....
2021 0 Supreme(Jhk) 2 • India - Jharkhand
ANIL KUMAR CHOUDHARY
post of Postman - When complainant approached appellant, appellant told complainant that complainant has to pay Rs. 700/- as 1st installment ... - Appeal against conviction - Alleged that appellant- convict used to demand illegal gratification amount for sending a favourable ... of bribe amount of 2000/- and then only appellant would send favourable report to Superintendent of Post Offices. ... On 25.10.2004 when the complainant approached the appellant-convict, the appellant-convict told the complainant that the complainant has to pay Rs....
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