Supreme Court · 1959 INSC 45 · Decided 23 April 1959
Ram Dial v. Sant Lal and Others
- Court
- Supreme Court of India
- Citation
- 1959 INSC 45 · [1959] SUPP. 2 S.C.R. 748
- Case number
- CIVIL APPEAL No. 108/1959
- Decided
- 23 April 1959
- Bench
- BHUVNESHWAR PRASAD SINHA, J.L. KAPUR, M. HIDAYATULLAH (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- IPC Section 161; Representation of the People Act Section 123(2)
Headnote
Ajnier v. Shivji Lal Wanchoo ]. I959 April 23. 748 SUPREME COURT REPORTS [1959] Supp. been drawn under s. 4(1), assuming again that such a presumption can be drawn where there is simple pass­ ing of money. But when there is no indication what­ ever that any public servant was to be servant. In this view of the matter we are of opinion that the offence under s. 161 of the Indian Penal Code is not made out against the accused, for one of its essential ingredients is missing and no presumption can be drawn in the circumstances in that connect.ion. We therefore dismiss the
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