Case Law Analysis
|Kerala High Court
Section 13(1)(e) PC Act | Sale Proceeds from Joint Property Included in Disproportionate Assets Only to Extent of Unexplained Income : Kerala HC
The Kerala High Court has ruled that when a public servant sells jointly owned immovable property, only the portion of sale proceeds attributable to their unexplained income - not a fixed 50% - qualifies as disproportionate asset under Section 13(1)(e) of the Prevention of Corruption Act. This clarifies asset accounting for public servants and prevents automatic presumption of guilt based on co-ownership, reinforcing the need for direct nexus between income and asset accumulation.