Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act Banking Regulation Act Directors and Officers of GTE-private bank 1988 Chairman 1949 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Banking Regulation Act (10 of 1949) Prevention of Corruption Act, 1988 (49 of 1988) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Corruption Act, 1988 — s. 13(2) read with s. 13(1)(a) — Banking Regulation Act, 1949 — s. 464 - Chairman, Directors and Officers of GTB-private bank, before its amalgamation with the Oriental Bank of Commerce — Whether public servants for the purposes of their prosecution in respect of offences punishable under the PC Act--Held: Chairman/Managing Director and Executive Director of GTB bank are public servants for the purposes of PC Act by virtue of s. 46A of the Banking Regulation Act, 1949 - In view of definition of public servant in s. 464 as amended, the Managing Director and Executive Director of a Banking Company operating under licence issued by Reserve Bank of India, were already public servants, as such they cannot be excluded from definition of ‘public servant’ -— Merely because the PC Act repealed ss. 161 to 165A IPC, it cannot be said, that the legislature had intention to make s. 46A inapplicable for the purposes of PC Act — Law which is not shown ultra vires must be given proper meaning -- s. 464 cannot be left meaningless and requires harmonious construction — Interpretation of statutes. |
Judge | Hon'ble Mr. Justice Prafulla Chandra Pant Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2016 INSC 134 |
Petitioner | Central Bureau Of Investigation, Bank Securities & Fraud Cell |
Respondent | Ramesh Gelli And Others |
SCR | [2016] 1 S.C.R. 762 |
Judgement Date | 2016-02-13 |
Case Number | 1077-1081 |
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