DELHI ADMINISTRATION versus S. N. KHOSLA

DELHI ADMINISTRATION versus S. N. KHOSLA

There was consideration for the obtaining of goods on credit and it cannot be said that an officer, if he obtains goods on credit, even if he does not intend to pay, is obtaining a valuable thing without consideration. Obtaining goods on credit does not, in itself, amount to obtaining pecuniary advantage under Section 5(1)(d) unless there is evidence of an agreement that the officer would not be required to pay.

Parties
Appellant: Delhi Administration; Respondent: S. N. Khosla
Jurisdiction
India
Judgment Date
02 April 1971
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Judgment and Order Dated December 24, 1965 of the Punjab High Court, Circuit Bench at Delhi
Outcome
Appeal dismissed
Legal Topics
Prevention of Corruption Act, 1947, Section 5(1)(b) and (d), Obtaining Goods on Credit, Consideration, Pecuniary Advantage
Criminal Law Anti Corruption Law Prevention of Corruption Act, 1947 Section 5(1)(b) and (d) Obtaining Goods on Credit Consideration Pecuniary Advantage

Case Brief

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Parties

Delhi Administration

Appellant

S. N. Khosla

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Judgment and Order Dated December 24, 1965 of the Punjab High Court, Circuit Bench at Delhi

Legal Issues

  1. 1 Whether obtaining goods on credit by an officer amounts to obtaining valuable thing without consideration under Section 5(1)(b) of the Prevention of Corruption Act, 1947
  2. 2 Whether obtaining goods on credit amounts to obtaining pecuniary advantage under Section 5(1)(d) of the Act

Ratio Decidendi

There was consideration for the obtaining of goods on credit and it cannot be said that an officer, if he obtains goods on credit, even if he does not intend to pay, is obtaining a valuable thing without consideration. Obtaining goods on credit does not, in itself, amount to obtaining pecuniary advantage under Section 5(1)(d) unless there is evidence of an agreement that the officer would not be required to pay.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed