Supreme Court · 1977 INSC 140 · Decided 3 May 1977
State of West Bengal ETC. v. Manmal Bhutoria & ORS. ETC.
- Court
- Supreme Court of India
- Citation
- 1977 INSC 140 · [1977] 3 S.C.R. 758
- Case number
- CIVIL APPEAL No. 1134/1973
- Decided
- 3 May 1977
- Bench
- P.K. GOSWAMI, S. MURTAZA FAZAL ALI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- IPC Section 21, 120B, 165A; CrPC Section 190(1); Constitution Article 14, 144(A); Prevention of Corruption Act Section 5(2)
Headnote
Prevention of Corruption Act, 1941-S. 5(2)-Scope of a Retired Army Officer and an outsider prosecuted under s. 5 (2 )-ProsecuJion, if ·valid-If i. Special Court under the West Bengal Criminal Law A1nendment (Special Courts) Act, 1949 could try the case. In May 1967. a case was lodged was retired in 1966, alleging that the Major, along with the respondent, had -committed offences of conspiracy of criminal misconduct by a public servant in dishonestly abusing his position as a public servant, under s. 5(2) of the Prevention of Corruption Act, 1947. When the case, which was
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