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Kshitij Saxena (Student)     07 October 2010

Legal Query

Dear Sir,

Please give replies to the following queries:-

1.What is the legal definition of Bribe? IF any.

2.Is bribe paid to public servant or any other person representing him is crime/illegal? Please specify the ACT and relevant section.

3.Is bribe paid to private sector employee  or private company for taking tenders/orders or any other person representing them is crime? Please specify the ACT and relevant section.

Regards & Thanks in Advance

Ksh*tij Saxena



Learning

 5 Replies

Suchitra. S (Advocate)     07 October 2010

1. Definition of bribe : Something such as money or a favour, offered or given to a person in a position of trust to influence that person's views or conduct.

2. S. 2 of Prevention of corruption Act makes the person  taking the bribe is punishable if he is a public authority. I do not know under what section giving bribe is punishable.

3. Bribe paid to a private sector organisation or company will be punishable if proved that they have violated the principles of natural justice. It may amount to fraud, misrepresentation, even cheating under IPC.

1 Like

Kshitij Saxena (Student)     07 October 2010

Thanks Madam for taking time out and replying to my query.

Can you please guide what exactly is meant by principles of natural justice?

Thanks & regards

Ksh*tij Saxena

Suchitra. S (Advocate)     07 October 2010

Natural Justice : An English legal system doctrine that protects against arbitrary exercise of power by ensuring fair play. Natural justice is based on two fundamental Rules : 1. Audi Alteram partem ( hear the other side)2. Nemo judex in causa sua.(no man can be a judge in his own case. 

These principles apply to all Governmental agencies and tribunals, and judgments of all courts, which may be declared to be of having no effect if found in contravention of natural justice.

1 Like

SALA SATEESH (lawyer)     09 October 2010

Dear friend,

supplementing to that working under a company having acceepted the illegal gratification under any circumstances which causing loss to the company such an employee can be prosecuted under the  offenece:cirminal breach of trust under IPC by way of lodgin a complaint before the police lest file it under the 200cr.p.c..

regards,

S.Sateesh

Sanjeev Kumar Mangal (AO)     21 August 2013

The undersigned has booked a property with MP housing Board, Bhopal(No sale deed executed till date). For part financing the loan has applied for a loan from bank, but bank has asked for executing a tripatriate agreement between Housing Board, the Borrower and the lender on a stamp duty of Rs. 100 only. However Housing Boaard has been demanding for executing the said agreement on stamp duty value equal to 1% of loan amount on the ground that same is payable U/s 48 of Indian Stamp Act 1899. Kindly confirm whether Housing Board is correct. Further please clarify whether if stamp duty @ 1% if paid will be available as deduction from the stamp duty payable at the time of execution of sale deed.


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