Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
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Proof of demand is the gravamen of offences under Sections 7 and 13 of the Prevention of Corruption Act, and recovery of tainted money alone is insufficient without reliable evidence of demand and voluntary acceptance. The Supreme Court upheld the acquittal because the prosecution failed to establish the foundational facts beyond reasonable doubt, material witnesses did not support its case in material particulars, and the statutory presumption under Section 20 could not be invoked. The conspiracy charge also failed because there was no cogent evidence of prior agreement or meeting of minds. The Court further accepted an adverse inference from the non-production of the alleged tape-recorded conversation and declined to interfere with the High Court's plausible view.
Proof of demand is the gravamen of offences under Sections 7 and 13 of the Prevention of Corruption Act, and recovery of tainted money alone is insufficient without reliable evidence of demand and voluntary acceptance. The Supreme Court upheld the acquittal because the prosecution failed to establish the foundational facts beyond reasonable doubt, material witnesses did not support its case in material particulars, and the statutory presumption under Section 20 could not be invoked. The conspiracy charge also failed because there was no cogent evidence of prior agreement or meeting of minds. The Court further accepted an adverse inference from the non-production of the alleged tape-recorded conversation and declined to interfere with the High Court's plausible view.
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