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Indian Laws - Highlights / Catch Notes

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Framing of charges - Owning of assets disproportionate to known ...

Indian Laws

March 21, 2024

Framing of charges - Owning of assets disproportionate to known sources of income - Prevention of Corruption Act, 1988 - Case against the Additional Chief Architect in New Delhi Municipal Corporation - The Supreme Court held that findings in income tax proceedings, including those by the ITAT, do not have a direct bearing on criminal proceedings under the Prevention of Corruption Act. It stressed that the two processes serve different legal purposes and operate under distinct standards of proof. - The Court clarified that exoneration in a civil adjudication (like income tax proceedings) does not automatically negate the possibility of criminal liability under different statutes, emphasizing the independent nature of criminal proceedings concerning the alleged acquisition of disproportionate assets.

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