Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Corruption Act, 1947-Section 5(2) read with 5(J)(d)-Electricity (Supply) Act, 19481 Kerala State Electricity Board Rules, 1957-Section 43/Rule 68-Allegation that- officials illegally selling electricity to acompany-Conviction-High Court upholding the same-Justification of-Held,conviction not justified since sale negotiated between two State Governmentsthus, Section 43 and Rule 68 not violated-Inference of criminal liabilitycould not be drawn for not executing an agreement in writing-Act notamounting to 'causing to obtain' valuable thing to company resulting inpecuniary advantage as well to the company-Mens rea and intention totallylacking, thus facts leading to charges not proved-Also sale during the periodof crisis not objected to and prosecution failing to prove sale of electricity by·the State to the company or the State or officials having caused profit to thecompany. |
Judge | Hon'ble Mr. Justice Brijesh Kumar |
Neutral Citation | 2003 INSC 131 |
Petitioner | R. Balakrishna Pillai |
Respondent | State Of Kerala |
SCR | [2003] 2 S.C.R. 436 |
Judgement Date | 2003-02-28 |
Case Number | 372 |
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