Supreme Court of India · 1978-12-14
NAYYAR (G. P.) vs STATE (DELHI ADMN.)
- Citation / case number
- SC 1974/60495
- Court
- Supreme Court of India
- Petitioner
- NAYYAR (G. P.)
- Respondent
- STATE (DELHI ADMN.)
- Author
- P.S. KAILASAM
- Bench
- P.S. KAILASAM
Judgment text excerpt
The Supreme Court upheld the validity of Act No. 16 of 1967, stating that the provisions of Section 5(3) of the Prevention of Corruption Act, 1947, which had been repealed, could still apply to offences committed before the repeal. The Court clarified that Section 5(3) provided a rule of evidence rather than creating a new offence, and that the retrospective operation of the Act did not violate Articles 14 and 20(1) of the Constitution. The case was remanded for trial from the stage it was pending as of December 18, 1964.