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BARE ACTS

Supreme Court (SC) Judgements on IPC Section 21. Public Servant

Bare Act Title Category / State
IPC Section 21. Public Servant Criminal Laws
 

List of Judgements

Phoenix ARC Private Ltd. Vs. Spade Financial Services Ltd.

Judgement Date : february/2021, Citation : 2021 Latest Caselaw 45 SC

Headnote :

A financial creditor, who incurred debt while being a related party to the corporate debtor, must be excluded from the Committee of Creditors.A. According to Sections 5(7) and 5(8) of the Insolvency and Bankruptcy Code, 2016, a person can be classified as a financial creditor if they are owed financ...

UNION OF INDIA vs. ASHOK KUMAR SHARMA

Judgement Date : august/2020, Citation : 2020 Latest Caselaw 476 SC

Headnote :

IMPORTANTDrugs and Cosmetics Act - Selling medicine without a license - Cognizance of the offense - Police Officers lack the authority to file FIRs, conduct investigations, or make arrests; such powers are exclusively held by Drug Inspectors.A. Criminal Procedure Code, 1973, Sections 32, 190, and 15...

STATE OF GUJARAT vs. MANSUKHBHAI KANJIBHAI SHAH

Judgement Date : april/2020, Citation : 2020 Latest Caselaw 342 SC

Headnote :

IMPORTANTThe term \"University\" includes \"Deemed University\" and is subject to the Prevention of Corruption Act.A. Under the Criminal Procedure Code, 1973, Section 227, and the Prevention of Corruption Act, 1988, Sections 7, 8, 10, and 13 (1)(b) and 13(2), along with the Indian Penal Code, 1860,...

Ashwini Kumar Upadhyay Vs. Union of India & ANR. [September 25, 2018]

Judgement Date : september/2018, Citation : 2018 Latest Caselaw 692 SC

Punjab State Warehousing Corp. Vs. Bhushan Chander & ANR. [June 29, 2016]

Judgement Date : june/2016, Citation : 2016 Latest Caselaw 426 SC

Rajib Ranjan & Ors. Vs. R. Vijaykumar [October 14, 2014]

Judgement Date : october/2014, Citation : 2014 Latest Caselaw 656 SC

Dr. Subramanian Swamy Vs. Arun Shourie [JULY 23, 2014]

Judgement Date : july/2014, Citation : 2014 Latest Caselaw 465 SC

Chandan Kumar Basu Vs. State of Bihar [JULY 7, 2014]

Judgement Date : july/2014, Citation : 2014 Latest Caselaw 433 SC

Manish Trived Vs. State of Rajasthan [OCTOBER 29, 2013]

Judgement Date : october/2013, Citation : 2013 Latest Caselaw 757 SC

Ajoy Acharya Vs. State Bureau of Inv. against Eco. Offence [September 17, 2013]

Judgement Date : september/2013, Citation : 2013 Latest Caselaw 662 SC

Kannan Vs. Selvamuthukani [January 30, 2012]

Judgement Date : january/2012, Citation : 2012 Latest Caselaw 70 SC

Abhay Singh Chautala Vs. C.B.I.

Judgement Date : july/2011, Citation : 2011 Latest Caselaw 450 SC

Thanu Ram Vs. State of M.P. (5 October 2010)

Judgement Date : october/2010, Citation : 2010 Latest Caselaw 742 SC

N.K. Sharma Vs. Abhimanyu [2005] Insc 565 (7 October 2005)

Judgement Date : october/2005, Citation : 2005 Latest Caselaw 563 SC

State of Andhra Pradesh Vs. V. Vasudeva Rao [2003] INSC 560 (13 November 2003)

Judgement Date : november/2003, Citation : 2003 Latest Caselaw 553 SC

Prakash H. Jain Vs. Ms. Marie Fernandes [2003] INSC 465 (23 September 2003)

Judgement Date : september/2003, Citation : 2003 Latest Caselaw 460 SC

Mohd. Hadi Raja Vs. State of Bihar & ANR [1998] INSC 252 (28 April 1998)

Judgement Date : april/1998, Citation : 1998 Latest Caselaw 252 SC

Mariyappa & Ors Vs. State of Karnataka & Ors [1998] INSC 111 (19 February 1998)

Judgement Date : february/1998, Citation : 1998 Latest Caselaw 111 SC

Gauri Shankar Vs. State of U.P [1993] INSC 316 (12 August 1993)

Judgement Date : august/1993, Citation : 1993 Latest Caselaw 311 SC

K. Veeraswami Vs. Union of India & Ors [1991] INSC 164 (25 July 1991)

Judgement Date : july/1991, Citation : 1991 Latest Caselaw 164 SC

Headnote :

A complaint was lodged against the appellant, a former Chief Justice of a High Court, with the CBI, leading to the registration of a case under section 5(2) in conjunction with section 5(1)(e) of the Prevention of Corruption Act, 1947, on February 24, 1976. The First Information Report (F.I.R.) was...

Ashoka Marketing Ltd. & ANR Vs. Punjab National Bank & Ors [1990] INSC 225 (7 August 1990)

Judgement Date : august/1990, Citation : 1990 Latest Caselaw 225 SC

Headnote :

The appellants/petitioners were tenants in properties owned by the respondent Banks/Life Insurance Corporation of India. Their tenancy had either expired or been terminated by the respondents, leading to eviction proceedings initiated against them under the Public Premises (Eviction of Unauthorised...

Dr. Lakshmansingh Himatsingh Vaghele Vs. Naresh Kumar Chandrashankar Jha & ANR [1990] INSC 212 (24 July 1990)

Judgement Date : july/1990, Citation : 1990 Latest Caselaw 212 SC

Headnote :

The appellant, who was employed as a Laboratory Officer by the Municipal Corporation of Ahmedabad, was appointed as a Public Analyst for the local area within the municipal limits by a Notification from the State Government dated December 21, 1966. A complaint was filed by the respondent before the...

Mohinder Singh Vs. State of Haryana & Ors [1989] INSC 123 (7 April 1989)

Judgement Date : april/1989, Citation : 1989 Latest Caselaw 123 SC

Headnote :

The Haryana Public Service Commission announced the recruitment of 4 District Food and Supplies Officer positions through direct hiring, requiring \"five/three years\' experience as an executive officer\" as a key qualification. The appellant, who was serving as an Inspector/Sub-Inspector in the Foo...

Tekraj Vasandi Alias K.L. Basandhi Vs. Union of India & Ors [1987] INSC 372 (10 December 1987)

Judgement Date : december/1987, Citation : 1987 Latest Caselaw 371 SC

Headnote :

The appellant, who was employed by the Institute of Constitutional and Parliamentary Studies (referred to as I.C.P.S.), was terminated from his position on November 17, 1982, following disciplinary proceedings. He contested this dismissal by filing a writ petition in the High Court. A key issue in t...

Ramesh Balkrishna Kulkarni Vs. State of Maharashtra [1985] INSC 165 (31 July 1985)

Judgement Date : july/1985, Citation : 1985 Latest Caselaw 165 SC

Headnote :

The appellant, who served as a Municipal Councillor, faced prosecution under Section 161 of the Indian Penal Code and Section 5(1)(d) in conjunction with Section 5(2) of the Prevention of Corruption Act. The trial court found him guilty of these charges. Upon appeal, the High Court upheld both his c...

R. S. Nayak Vs. A. R. Antulay [1984] INSC34 (16 February 1984)

Judgement Date : february/1984, Citation : 1984 Latest Caselaw 34 SC

Headnote :

The appellant, R.S. Nayak, lodged a complaint against the respondent, A.R. Antualy, who was serving as the Chief Minister of Maharashtra, under sections 161 and 165 of the Indian Penal Code (I.P.C.) and section 5 of the Prevention of Corruption Act, 1947, alleging misuse of his position. The initial...

State of Tamil Nadu, Etc, Vs. L. Abu Kavur Bai & Ors [1983] INSC 171 (31 October 1983)

Judgement Date : october/1983, Citation : 1983 Latest Caselaw 171 SC

Headnote :

The transport sector can be nationalized through two approaches: (i) the Government can act under Chapter IV-A, specifically sections 68 (b) and (c) of the Motor Vehicles Act of 1939, after developing a plan to take over specific routes, and (ii) a more comprehensive approach involves nationalizing...

S.S. Dhanoa Vs. Municipal Corporation, Delhi & Ors [1981] INSC 114 (8 May 1981)

Judgement Date : may/1981, Citation : 1981 Latest Caselaw 114 SC

Headnote :

The appellant, a member of the Indian Administrative Service, was assigned to the Co-operative Store Ltd. to serve as the General Manager of the Super Bazaars operated by the Co-operative Store.Following a complaint against the appellant for allegedly committing an offense under section 7 in conjunc...

Union of India & Ors Vs. R. C. Jain & Ors [1981] INSC 36 (17 February 1981)

Judgement Date : february/1981, Citation : 1981 Latest Caselaw 36 SC

Headnote :

Section 32(iv) of the Payment of Bonus Act states that the Act does not apply to employees working for establishments involved in any industry operated by or under the authority of any Central Government, State Government, or local authority.The Delhi Development Authority, established under the [De...

State (Spe Hyderabad) Vs. Air Commodore Kailash Chand [1979] INSC 273 (21 December 1979)

Judgement Date : december/1979, Citation : 1979 Latest Caselaw 273 SC

Headnote :

The respondent, a former member of the Indian Air Force, retired from active service on June 15, 1965, but was subsequently reemployed for a two-year period starting June 16, 1965. On September 7, 1966, he was transferred to the Regular Air Force Reserve, effective from June 16, 1965, to June 15, 19...

M. Karunanidhi Vs. Union of India [1979] INSC 45 (20 February 1979)

Judgement Date : february/1979, Citation : 1979 Latest Caselaw 45 SC

Headnote :

In December 1973, the Madras Legislature enacted the Tamil Nadu Public Men (Criminal Misconduct) Act, 1973, following the President\'s approval. This State Act was amended by Act 16 of 1974, with the President\'s assent granted on April 10, 1974. The provisions of the Act came into effect on May 8,...

M. A. Kochu Devassy Vs. State of Kerala [1978] INSC 178 (15 September 1978)

Judgement Date : september/1978, Citation : 1978 Latest Caselaw 178 SC

Headnote :

The appellants in the aforementioned case were tried and found guilty of various offenses, including those under sections 408, 465, 477, and 477A of the Indian Penal Code, 1860, in conjunction with section 5 of the Prevention of Corruption Act, 1947, by a special judge. Both appellants were part of...

State of West Bengal Vs. Manmal Bhutoria & Ors [1977] INSC 136 (3 May 1977)

Judgement Date : may/1977, Citation : 1977 Latest Caselaw 136 SC

Headnote :

In May 1967, a case was filed against the respondent and a retired Major of the Indian Army, who had left service in 1966. The allegations stated that the Major, along with the respondent, had engaged in conspiracy and criminal misconduct as public servants by improperly abusing their positions, in...

Khadya Peya Vikarete Malak Sangh Vs. The Chief Officer, Sangli Municipal Council & ANR [1976] INSC 291 (19 November 1976)

Judgement Date : november/1976, Citation : 1976 Latest Caselaw 291 SC

Headnote :

Rule 2(d) of the Maharashtra Prevention of Food Adulteration Rules, 1962, defines a manufacturer as an individual involved in producing any food item for trade purposes. Clause (e) describes a \"retail dealer\" as someone who sells food articles but is not a wholesale dealer, while clause (g) define...

Bajrang Lal & ANR Vs. State of Rajasthan [1976] INSC 34 (24 February 1976)

Judgement Date : february/1976, Citation : 1976 Latest Caselaw 34 SC

Headnote :

Two khalasis were convicted for the offence of conspiracy to secure railway passes on forged applications, and under s. 5(1)(d) and (2), Prevention of Corruption Act, 1947. It was the duty of the office of the Works Manager of the Railway to issue passes to railway employees for railway travel. The...

Kerala State Electricity Board Vs. Indian Aluminium Co [1975] INSC 193 (1 September 1975)

Judgement Date : september/1975, Citation : 1975 Latest Caselaw 191 SC

Headnote :

Exercising the powers granted by section 2(a) of the Kerala Act, the State Government designated \'electricity\' as an essential commodity in 1965. In 1968, the State Government enacted the Kerala State Electricity Supply (Kerala State Electricity Board and Licensees Areas) Surcharge Order, 1968, un...

State of Madhya Pradesh Vs. M. Vs. Narasimhan [1975] INSC 133 (15 July 1975)

Judgement Date : july/1975, Citation : 1975 Latest Caselaw 131 SC

Headnote :

Section 2 of the Prevention of Corruption Act, 1947, defines \"Public servant\" as per the definition in section 21 of the Indian Penal Code. Prior to the enactment of the Criminal Law (Amendment) Act, 1958 (Act No. 11 of 1958), which added clause 12 to this section, section 21 of the Penal Code con...

The State Gujarat Vs. Manshankar Prabhasankar Dwivedi [1972] INSC 122 (26 April 1972)

Judgement Date : april/1972, Citation : 1972 Latest Caselaw 122 SC

Headnote :

D, a lecturer at a government college, was appointed as an examiner for a physics practical exam conducted by Gujarat University. He allegedly accepted Rs. 500 from a candidate in exchange for favoritism. Consequently, he faced charges under Section 161 of the Indian Penal Code and Section 5(2) in c...

Sub-Divisional Officer, Sadar, Faizabad Vs. Shambhoo Narain Singh [1969] INSC 95 (31 March 1969)

Judgement Date : march/1969, Citation : 1969 Latest Caselaw 95 SC

Headnote :

The individual was elected as the Pradhan of a Gram Sabha in Uttar Pradesh. The government, as the appellant, issued an order suspending the individual and instructed them to hand over their responsibilities to the up-pradhan while an inquiry was ongoing. The individual then filed a writ petition in...

Akhtar Alam Vs. The State of Bihar [1968] INSC 276 (12 November 1968)

Judgement Date : november/1968, Citation : 1968 Latest Caselaw 276 SC

Headnote :

The appellant served as the Head Clerk to the Executive Engineer of the State Electricity Board. He was found guilty under section 5(2) in conjunction with section 5(1)(d) of the Prevention of Corruption Act, based on allegations that on July 8, 1961, he accepted a bribe for the Executive Engineer t...

Pravin Chandra Mody Vs. State of Andhra Pradesh [1964] INSC 194 (15 September 1964)

Judgement Date : september/1964, Citation : 1964 Latest Caselaw 194 SC

Headnote :

The appellant was on trial before a Magistrate for offenses under section 420 of the Indian Penal Code and section 7 of the Essential Commodities Act, 1955. These offenses stemmed from the same set of circumstances and were investigated together in accordance with Chapter XIV of the Code of Criminal...

State of Maharashtra Vs. Jagatsing Charansingh & ANR [1963] INSC 162 (13 August 1963)

Judgement Date : august/1963, Citation : 1963 Latest Caselaw 190 SC

Headnote :

One Dongarsing applied for a position as a truck driver with the Transport Corporation in Dhulia. He later met respondent no. 2, an employee in the corporation\'s transport department, who assured him he could secure the job if Dongarsing paid a bribe to respondent no. 1, an officer in the same depa...

Maharudrappa Danappa Kesarappanavar Vs. The State of Mysore [1961] INSC 51 (16 February 1961)

Judgement Date : february/1961, Citation : 1961 Latest Caselaw 51 SC

Headnote :

The issue to be resolved was whether the Chairman of the Managing Committee of a Municipality, who had the authority to authorize payments for fixed recurring charges, qualified as a \"public servant\" under section 21 of the Indian Penal Code.It was determined that the authority to make payments fo...

Bhagwati Saran & ANR Vs. The State of Uttar Pradesh [1961] INSC 18 (20 January 1961)

Judgement Date : january/1961, Citation : 1961 Latest Caselaw 18 SC

Headnote :

A police officer submitted a report under section 11 of the Essential Supplies (Temporary Powers) Act, 1946, concerning a violation of clause 11-B(III) of the Iron and Steel (Control of Production and Distribution) Order, 1941, in conjunction with section 8 of the Essential Commodities Ordinance, 19...

Padam Sen & ANR Vs. The State of Uttar Pradesh [1960] INSC 162 (27 September 1960)

Judgement Date : september/1960, Citation : 1960 Latest Caselaw 162 SC

Headnote :

A Munsif appointed an individual, R, as a commissioner to seize the plaintiff\'s account books in a lawsuit and to present them before him. R executed the seizure of the account books, and while they remained in his custody, the appellants attempted to bribe R to allow them to manipulate the books....

The State of Ajmer (Now Rajasthan) Vs. Shivji Lal [1959] INSC 46 (22 April 1959)

Judgement Date : april/1959, Citation : 1959 Latest Caselaw 46 SC

Headnote :

The individual, a teacher at a railway school, faced prosecution under Section 161 of the [Indian Penal Code](https://www.latestlaws.com/bare-acts/central-acts-rules/criminal-laws/indian-penal-code1860/) and Section 5(2) in conjunction with Section 5(1)(d) of the Prevention of Corruption Act, 1947....

S. A. Venkataraman Vs. The State [1957] INSC 111 (3 December 1957)

Judgement Date : december/1957, Citation : 1957 Latest Caselaw 111 SC

Headnote :

The appellant, a former public servant, was dismissed from his position following a departmental inquiry. Subsequently, he faced charges for committing criminal misconduct under Section 5(2) of the Prevention of Corruption Act, 1947, and was convicted. However, no sanction as required under Section...

S. G Angoli Vs. The State of Uttar Pradesh [1957] INSC 46 (14 May 1957)

Judgement Date : may/1957, Citation : 1957 Latest Caselaw 46 SC

Headnote :

The two appellants, who were employees of the railway under the Government, faced trial under Section 120B of the Indian Penal Code and Section 5(2) in conjunction with Sections 5(1)(c) and 5(1)(d) of the Prevention of Corruption Act, 1947. The Sessions judge, in line with the unanimous view of the...

G. A. Monterio Vs. The State of Ajmer [1956] INSC 49 (21 September 1956)

Judgement Date : september/1956, Citation : 1956 Latest Caselaw 49 SC

Headnote :

The appellant was a Class III employee working as a metal examiner, also known as a chaser, at the Railway Carriage Workshop in Ajmer. He accepted an illegal payment of Rs. 150 to secure a job for someone else. He was charged under section 5(1)(d) of the Prevention of Corruption Act, 1947 (Act II of...

Ram Krishan & ANR Vs. The State of Delhi [1956] INSC 16 (9 March 1956)

Judgement Date : march/1956, Citation : 1956 Latest Caselaw 16 SC

Headnote :

The appellants were suspected of exporting potatoes at reduced rates based on false declarations, prompting the assignment of Madan Lal, a Railway Officer, to assist the Police with the investigation. During this investigation, the appellants attempted to bribe Madan Lal to suppress the case, but he...

Rao Shiv Bahadur Singh & ANR Vs. The State of Vindhya Pradesh [1953] INSC 47 (22 May 1953)

Judgement Date : may/1953, Citation : 1953 Latest Caselaw 47 SC

Headnote :

The appellants, who were the Minister for Industries and Secretary to the Government of the State of Vindhya Pradesh during the relevant period, were tried by a Special Judge under the Vindhya Pradesh Criminal Law Amendment (Special Courts) Ordinance (No. V of 1949) for charges under sections 120-B,...