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january 1997

Supreme Court of India · 1997-01-17

C.B.I. vs SUBODH KUMAR DUTTA

Citation / case number
SC 1996/79065
Court
Supreme Court of India
Petitioner
C.B.I.
Respondent
SUBODH KUMAR DUTTA
Author
S.B. MAJUMDAR A.S. ANAND
Bench
S.B. MAJUMDAR A.S. ANAND

Judgment text excerpt

The Supreme Court addressed the appeal by the CBI against the Calcutta High Court's decision to quash proceedings under Special Case No. 1 of 1988, which involved allegations of bribery under Section 5(1)(d) and Section 5(2) of the Prevention of Corruption Act, 1947. The Court held that the Special Court lacked jurisdiction as it was constituted under the repealed 1947 Act, and the cognizance taken was not valid under the new Prevention of Corruption Act, 1988. Consequently, the Supreme Court upheld the High Court's ruling, affirming the quashing of the proceedings.

C.B.I. vs SUBODH KUMAR DUTTA · Niyam