pratik
17 June 2010 at 20:10
Prevention of Corruption Act 1988 Section 22
22. The Code of Criminal Procedure, 1973 to apply subject to certain modifications.
The provisions of the Code of Criminal Procedure 1973, shall in their application to any proceeding in relation to an offence punishable under this Act have effect as if,
(a) In sub-section (1) of Section 243, for the words "The accused shall then he called upon," the words "The accused shall then be required to give in writing at once or within such time as the court may allow, a list of the persons (if any) whom he proposes to examine as his witnesses and of the documents (if any) on which he proposes to rely and he shall then he called upon" had been substituted;
(b) In sub-section (2) of Section 309, after the third proviso, the following proviso had been inserted, namely: -
"Provided also that the proceeding shall not be adjourned or postponed merely on the ground that an application under Section 397 has been made by a party to the proceeding."
(c) After sub-section (2) of Section 317, the following sub-section had been inserted, namely: -
"(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Judge may, if he thinks fit and for reasons to be recorded by him, proceed with inquiry or trial in the absence of the accused or his pleader and record the evidence of any witness subject to the right of the accused to recall the witness for cross-examination."
(d) In sub-section (1) of Section 397, before the Explanation, the following proviso had been inserted, namely: -
"Provided that where the powers under this section are exercised by a court on an application made by a party to such proceedings, the court shall not ordinarily call for the record of the proceedings-
(a) Without giving the other party an opportunity of showing cause why the record should not be called for; or
(b) If it is satisfied that an examination of the record of the proceedings may be made from the certified copies."
Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Explain me the above mentioned in deatils if poosbile with the help of a exmaple(S)SSSSSSSSSS.
Thanking u all experts in advance.
pratik
17 June 2010 at 20:04
Prevention of corruption act, 1988.
18. Power to inspect bankers' books.
If from information received or otherwise, a police officer has reason to suspect the commission of an offence which he is empowered to investigate under Section 17 and considers that for the purpose of investigation or inquiry into such offence, it is necessary to inspect any bankers, books, then, notwithstanding anything contained in any law for the time being in force, he may inspect any bankers, books in so far as they relate to the accounts of the persons suspected to have committed that offence or of other person suspected to be holding money on behalf of such person, and take or cause or to be taken certified copies of the relevant entries therefrom, and the bank concerned shall be bound to assist the police officer in the exercise of his power under this section.
Provided that no power under this section in relation to the accounts of any person shall be exercised by a police officer below the rank of a Superintendent of Police, unless he is specially authorised in this behalf by a police officer of or above the rank of a Superintendent of Police.
Pls tell me the meaning of bankers' books as per the abovementioned act & as per Bankers' Books Evidence Act, 1891, also.
Thanking u all experts in advance.
pratik
17 June 2010 at 20:00
16. Matters to be taken into consideration for fixing Fine.
Where a sentence of fine is imposed under sub-section (2) of Section 13 of Section 14, the Court in fixing the amount of the fine shall take into consideration the amount or the value of the property, if any, which, the accused person has obtained by committing the offence or where the conviction is for an offence referred to in Clause (e) of sub-section (1) of Section 13, the pecuniary resources or property referred to in that clause for which the accused person is unable to account satisfactorily.
Pls Pls Pls Pls Explain me with the example(S)(S)(S).
Thanking u all experts in advance.
Pls it a request that do'nt tell me to read the act or books. (So Sorry to write this statement but i have to).
pratik
17 June 2010 at 19:57
13. Criminal misconduct by a public servant.
(1) A public servant is said to commit the offence of criminal misconduct, -
(a) If he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person any gratification other than legal remuneration as a motive or reward such as is mentioned in Section 7; or
(b) If he habitually accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person, any valuable thing without consideration or for a consideration which he knows to be inadequate from any person whom he knows to have been, or to be, or to be likely to he concerned in any proceeding or business transacted or about to be transacted by him or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any, person whom he knows to be interests in or related to the person so concerned.
What do u mean by the term "habitually accepts " If possible with the help of example(S).
Thanking u all experts in advamce.
Anonymous
17 June 2010 at 19:56
i score 20 marks in 2nd llbpune uiversity..given for rechake .otherwise i have highter second class.i m not sure about paper cheaker.how can i ask this to uiversity.with 15 days.i can not wait till 2 month which is very late please advice.
pratik
17 June 2010 at 19:48
10. Punishment for abetment by public servant of offences defined in Section 8 or 9.
Whoever, being a public servant, in respect of whom either of the offences defined in Section 8 or Section 9 is committed, abets the offence, whether or not that offence is committed in consequence of that abetment, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine.
Pls Explain me the word "abetment" & "abets the offence". In detail If possible with the help of a example(S).
Thanking u all experts in advance.
Member (Account Deleted)
17 June 2010 at 19:42
Credit card due is 7 years old. Since 2003 there is no transaction and it has been blocked. (Outstanding amount 25000/- original).
In the begining the recovery agents started harrassing and the card holder filed a criminal complaint case against the recovery agency. Then they stopped visiting home and committing nuisance.
Now since last month they again started sending recovery agents and causing huge harrashment.
If I am not wrong the debt is time barred and bank can not file civil suit to recover the money.(please correct me if this view is wrong)
The question is,
If the card holder now file a consumer case against the bank for mental agony and praying for compensation, whether bank can ask the money in w/v as a counter claim?
Whether court can orer to pay the due first?
Senior's opinion needed..
Thanks in advance..
pratik
17 June 2010 at 19:41
(xii) Any person who is an office-bearer or an employee of an educational, scientific, social, cultural or other institution, in whatever manner established, receiving or having received any financial assistance from the Central Government or any State Government or local or other public authority.
My Query is as follows:
As per the above clause interpretation if the school or college getting any financial assistance "It means any subsidy" & if the office-bearer or an employee takes any bribe or gratification (which is one & the same) while performing the duities given to them than is HE OR SHE is punsiable under the prevention of corruption act, 1988.
any case case if any & pls correct me if i am wrong.
I also think that financial assistance can also be in kind.
Also exaplin me the meaning of the above mentioned as the definition is not give under the act.
1 office-bearer.
2 financial assistance.
Pls help me. to understand that whether i am right or wrong.
Thanking u all experts in advance.
Anonymous
17 June 2010 at 19:37
sir
I am a senior citizen of 63 yrs.i had bought a flat in gurgaon 3 yrs back and sold my all properties to buy that.My certain payments were delayed by a few days.My last payment was delayed by a period of 15 days.taking this into account the builders have cancelled my allotment..i have been paying them for the last 3 yrs and now when the proprty is ready for possession and the rates are well appreciated they have cancelled the allotment...on top of that they have also forfeited an amount of 7 lakhs
sir i have sold my house also to buy this property and now the builders have ditched me
please guide
thank you in advance
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Prevention of Corruption Act 1988 Section 23
23. Particulars in a charge in relation to an offence under Section 13. (1) (c).
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, when an accused in charged with an offence under Clause (c) of sub-section (1) of Section 13, it shall be sufficient to describe in the charge the property in respect of which the offence is alleged to have been committed and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of Section 219 of the said Code.
Provided that the time included between the first and last of such dates shall not exceed one year.
Pls explain the abovemetioned section in deatils if possoble with the help of a examples.