REGENT COMPUTRONICS PVT. LTD.

K Veeraswami Appellant

V/S

UNION OF INDIA Respondents

Referred Judgements :-

C.S.D. SWAMY V. THE STATE [REFERRED TO]
S A VENKATARAMAN V D JHINGAN VS. STATE:STATE OF UTTAR PRADESH [REFERRED TO]
SURAJPAL SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
M NARAYANAN NAMBIAR VS. STATE OF KERALA [REFERRED TO]
SAJJAN SINGH VS. STATE OF PUNJAB [REFERRED TO]
C R BANSI VS. STATE OF MAHARASHTRA [REFERRED TO]
C K DAPHTARY VS. O P GUPTA [REFERRED TO]
SAMSHER SINGH ISHWAR CHAND AGARWAL VS. STATE OF PUNJAB [REFERRED TO]
STATE OF MAHARASHTRA VS. KALIAR KOTL SUBRAMANIAM RAMASWAMY [REFERRED TO]
UNION OF INDIA VS. SANKALGHAND HIMATLAL SHETH [REFERRED TO]
UNION OF INDIA VS. SANKALGHAND HIMATLAL SHETH [REFERRED TO]
K S DHARMADATAN VS. CENTRAL GOVERNMENT [REFERRED TO]
SATYA NARAIN MUSADI VS. STATE OF BIHAR [REFERRED TO]
STATE OF MAHARASHTRA VS. WASUDEO RAMGHANDRA KAIDALWAR [REFERRED TO]
S P GUPTA V M TARKUNDE J L KALRA IQBAL M CHAGLA MISS LILY THOMAS A RAJAPPA UNION OF INDIA D N PANDEY R PRASAD SINHA VS. UNION OF INDIA [REFERRED TO]
R S NAYAK PADMAKAR BALKRISHNA SAMANT VS. A R ANTULAY:ABDUL REHMAN ANTULAY [REFERRED TO]
S P SAMPATH KUMAR J N GUPTA D J SOMAIYA VS. UNION OF INDIA [REFERRED TO]

JUDGEMENT

(1.) Have had the advantage of deciphering the two draft judgments prepared by my learned brothers Shetty and Verma, JJ. I agree with the conclusions arrived at by my learned brother Shetty, J. Yet considering the great importance of the questions involved in this matter, I deem it just and proper to consider the same and to express my own views.

(2.) Three very important questions fall for decision in this case. First of all whether a Judge of the Supreme court or a Judge of a High court is a public servant within the meaning of S. 2 of the Prevention of Corruption Act, 1947. S. 2 of the Prevention of Corruption Act interprets a public servant as meaning a public servant as defined in Section 21 of the Indian Penal Code i. e. Act 45 of 1860. S. 21 of the Indian Penal Code states that a public servant denotes a person falling under any of the descriptions mentioned therein:

(3.) Thus, the definition of a public servant is very wide enough to include Judges of the Supreme court as well as Judges of the High court. S. 77 of the Indian Penal Code provides immunity to the Judges in respect of any act done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.

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K VEERASWAMI Vs. UNION OF INDIA

Referred Judgements :-

JUDGEMENT

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