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Search Results Judgments > Phrase:Economic Offences Act Court:Punjab

Sep 13 1977

Gurbaksh Singh Sibia Vs. State of Punjab

  • Decided on : 13-Sep-1977

Court : Punjab and Haryana

Reported in : 1978CriLJ20

... Act and on this very larger principle, their Lordships not only declined the grant of bail but in fact reversed the exercise of the discretion by the High Court in favour of the offender and cancelled the bail already granted. In the State of Maharashtra v. Nainmal Punjabi Shah, 1970 SCD 141, which was a case of economic offences under the Customs Act ... with regard to offences punishable with death or imprisonment for life unless the Court at that very stage is satisfied that such a charge appears to be false or groundless. 7. That the larger interest of the public and State demand that in serious cases like economic offences involving ... and in any way impeding the legitimate investigative process in such cases. We are, therefore, of the view that in cases of serious economic offences involving blatant corruption at the higher rungs of executive and political powers, the larger interest of the public and the State demand that ... Act, 1923. Their Lordships whilst reversing the order of bail granted by the High Court observed as follows (at p. 255):--'* * Among other considerations, which a Court has to take into account in deciding whether bail should be granted in a non-bailable offence, is the nature of the offence; and if the offence ... under S. 27 of the Evidence Act can be made out the power under S. 438 of the Code be not exercised. 6. That the discretion under S. 438, Criminal Procedure Code, be not exercised with regard to offences punishable with death or imprisonment for life ...

May 23 1980

Joginder Singh Vs. The State of Punjab

  • Decided on : 23-May-1980

Court : Punjab and Haryana

Reported in : 1980CriLJ1218

... the therapeutic probationary measure. It is not without signifiance that the recent report (47th report) of the Law Commission of India has recommended the exclusion of the Act to social and economic offences by suitable amendments. x x x x x x x x x x.In the current Indian conditions the probation movement has not yet attained sufficient strength to ... what has been said above in the context of edible food and economic offences applies with even greater emphasis to the commercial production of illicit liquor illegally by running working stills. The dangers herein are inherent and sometimes more immediately fatal then those under the Prevention of Food Adulteration Act. The spate of deaths resulting from the clandestine imbibing of poisonous ... No chances can be taken by society with a man whose anti-social operations, disguised as a respectable trade, imperil numerous innocents. He is a security risk. Secondly, these economic offences committed by white collar criminals are unlikely to be dissuaded by the gentle probationary process. Neither casual pro-vocation nor motive against particular persons but planned profit-making ... of all of them, Section 5(2) of the Prevention of Corruption Act, 1947 was incorporated in Section 18 of the Probation of Offenders Act, 1958, would clearly indicate that as regards other offences for which the minimum sentence is prescribed, the provisions of the Probation of Offenders Act can possibly be invoked. It follows that if one mere prescription of ...

Nov 25 1983

Sushil Kumar Vs. State of Haryana

  • Decided on : 25-Nov-1983

Court : Punjab and Haryana

Reported in : 1984CriLJ260

... by the therapeutic probationary measure. It is not without significance that the re-cent report (27th report) of the Law Commission of India has recommended the exclusion of the Act to social and economic offences by suitable amendments. XXX XXX XXXIn the current Indian conditions the probation movement has not yet attained sufficient strength to correct these intractables. May be, under more developed ... proselytisation. No chances can be taken by society with a man whose anti-social operations, disguised as a respectable trade, imperil numerous innocents. He is a security risk. Secondly, these economic offences committed by white collar criminals are unlikely to be dissuaded by the gentle probationary process. Neither casual provocation nor motive against particular persons but planned profit-making from numbers of ... reiterated with force again in Prem Ballab v. State (Delhi Admn.) : 1977CriLJ12 . It appears to be plain that what has been said above in the context of edible food and economic offences applies with even greater force to the smuggling of contraband opium for commercial gain.13-14. Equally it appears to me that the issue herein is covered by way of ... Code for not doing so.7. Now it is manifest from Section 360 itself and equally from the analogous provisions of the Probation of Offenders Act 1958 that the policy of the law is that where an offence is an overly heinous one grant of probation is ruled out as a matter of law. Therefore the heinousness or the gravity of the ...

Jul 28 1981

Commissioner of Income-tax, Patiala Vs. Patram Dass Raja Ram Beri

  • Decided on : 28-Jul-1981

Court : Punjab and Haryana

Reported in : AIR1982P& H1

... of such exclusion are sometimes in crimes of strict or absolute liability and as has been noticed above by Krishna Iyer, J. in offences of economic or anti-social nature.14. Having seen that mens rea is in essence a doctrine pertaining to the criminal law, it becomes vital to ... criminal law can be strictly and directly attracted only in the last and the highest sanction provided by Section 276CC of the Act, which creates a statutory offence for this tax delinquency. Herein, both because the legislature has chosen to make it a crime and also because in its wisdom, ... no mens rea, no crime' has long ago been eroded and 'several laws in India and abroad, especially regarding economic crimes and departmental penalties, have created severe punishments even where the offences have been defined to exclude mens rea. Therefore, the contention that Section 37(1) fastens a heavy liability ... no mens rea, no crime' has long ago been eroded and several laws in India and abroad, especially regarding economic crimes and departmental penalties, have created severe punishments even where the offences have been defined to exclude mens rea. Therefore, the contention that Section 37(1) fastens a heavy liability ... of penalty on the basis of an act or omission by an assessee is not because the act or omission constitutes an offence, but because that act of omission would constitute an attempt at evasion. Therefore, penalty is exacted not because an act or omissions an offence but because it is an attempt ...

Jul 06 2000

Raja Mechanical Works Vs. M.K. Marani, Income Tax Officer

  • Decided on : 06-Jul-2000

Court : Punjab and Haryana

Reported in : [2001]247ITR654(P& H)

... by time. Inter alia, it is pleaded that the case in hand relates to the economic offence which is covered under the Act. Therefore, the period of limitation mentioned in section 468 of the Code would not apply as is clear from the inapplicability of limitation mentioned in the Economic Offences Act, 1968. It is also averred that the basis of prosecution is the concealment of ... that the extraordinary or inherent powers do not confer arbitrary jurisdiction on the court to act according to its whim or caprice. It is too well settled that the first information report is only an initiation to move the machinery and to investigate into a cognizable offence and, therefore, while exercising the' power and deciding whether the investigation itself should be quashed ... will be gross miscarriage of justice. The court had also observed that social stability and order is required to be regulated by proceeding against the offender as it is an offence against the society as a whole.'Having regard to the case law as above and the allegations contained in the complaint that the assessee-firm by overstating its liabilities and ... quashing the complaint annexure P-15, dated March 30, 1984, filed by the Income Tax Officer, Central Circle-III, Ludhiana, under section 277 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'), pertaining to the assessment year 1973-74.The brief facts of the case are recapitulated as under :Raja Mechanical Works, the accused (hereinafter referred to as 'the ...

Mar 18 2013

HIGH COURT OF PUNJAB AND HARYANA AT Vs. M/s. Atma Tube Products Ltd. & ...

  • Decided on : 18-Mar-2013

Court : Punjab and Haryana

... Act 87. Trade Marks Act 88. Information Technology Act 89. The Semiconductor Integrated Circuits Layout-Design Act 90. Electricity Act 91. Coastal Aquaculture Authority Act 92. Credit Information Companies (Regulation) Act 93. Disaster Management Act 94. Government Securities Act 95. The Petroleum and Natural Gas Regulatory Board Act 96. Payment and Settlement Systems Act 97. Warehousing (Development and Regulation) Act 98. Airports Economic Regulatory Authority of India Act 99. Collection of Statistics Act ... act which violates the law of the land does constitute an offence but there is no visible victim of the crime though such like crimes have depraving effects on the societal morals and values. Such an offence includes situations where an individual acts alone or there are consensual acts ... Act 88. Information Technology Act 89. The Semiconductor Integrated Circuits Layout-Design Act 90. Electricity Act 91. Coastal Aquaculture Authority Act 92. Credit Information Companies (Regulation) Act 93. Disaster Management Act 94. Government Securities Act 95. The Petroleum and Natural Gas Regulatory Board Act 96. Payment and Settlement Systems Act 97. Warehousing (Development and Regulation) Act 98. Airports Economic Regulatory Authority of India Act 99. Collection of Statistics Act 100. National Green Tribunal Act ...

Mar 20 2014

This is a case where respondent No.1/Canara Bank ...

  • Decided on : 20-Mar-2014

Court : Punjab and Haryana

... release the property, the balance amount had been so arranged by the petitioner from his own resources. The complaint also resulted in an enquiry by Economic Offences Wing Cell of Chandigarh Police where queries were posed to respondent No.1 bank and the bank responded vide communication dated 14.12.2013. The ... notice of the immovable properties taking recourse to the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short the SARFAESI Act ). It is at that stage the petitioner approached this Court by filing the present writ petition under Article 226 of the Constitution ... for the petitioner has drawn our attention to own letter of the respondent No.1-bank dated 14.12.2013 (Annexure P-13) sent to the Economics Offences Wing Cell . where paras No.4 and 5 clinch the issue. The issuance of letter dated 16.02.2012 is not doubted and thus what ... property on payment of specified amount seeks to back out of the assurance after the amount has been deposited and appropriated by the bank. Such act is not expected at least from a nationalized bank. The petitioner was a promoter cum Director of M/s Nova Lamiboards Pvt. Ltd. Company incorporated ... integrity of this document CWP No.1913 of 2014 5 property which they had sold to respondents No.2 and 3 before us and to act in accordance with the letter dated 16.02.2012 issued to these respondents. The sequitur prayer was made to stay the auction proceedings qua those ...

Oct 14 1986

State of Haryana Vs. Yad Ram

  • Decided on : 14-Oct-1986

Court : Punjab and Haryana

Reported in : AIR1987P& H203

... made lax in every branch of criminal offences. Whenever and wherever the legislature, in cases like economic offences and the criminal offences affecting the health of the society thinks that the sentence has to be harsh so that it pinches the offender and acts as a deterrent, then it provides for ... offences. Although in modern days the programmes of criminal reforms are on the increase and many beneficial legislations are enacted and ways and means are discussed and found out to reform a man treading on the path of crime, yet the law cannot be made lax in every branch of criminal offences. Whenever and wherever the legislature, in cases like economic offences ... Economic stringency of a person dues not entitle him to play with the health of other people. At the cost of the health of the general public adulterators cannot be encouraged to rear their own families or provide them with comfortable living. Giving up of the business of selling milk does not condone the offence committed under the Act ... two years and such fine shall not be less than three thousand rupees. (2) If any person convicted of an offence under this Act commits a like offence afterwards it shall be lawful for the Court before which the second or subsequent conviction takes place to cause the offender ... spite of the fact that kulfi fell within the ambit of S. 2(ia)(m) of the Act, the offence still fell within S. 16(1)(a)(ii) of the Act. We feel bound by the observation of the Supreme Court in Baburao's case (1985 Cri LJ ...

Dec 11 2012

Crl.Misc.No. M-30709 of 2012 Vs. Gurpreet Sing ...

  • Decided on : 11-Dec-2012

Court : Punjab and Haryana

... Singh, Economic Offence Wing, Mohali, submits that he has no objection if the FIR and consequent proceedings are quashed. Accordingly, this petition is allowed and FIR No.236 dated 28.12.2011, under sections 406/420/120-B IPC, registered at Police Station Phase I, Mohali and under section 24 of the Emigration Act and ... , any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc.cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre- dominatingly civil flavour ... family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on the society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc ... Act or the offences committed by public servants while working in that capacity etc.cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre- dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences ...

Sep 11 1987

Malerkotla Auto Udyog Vs. Dy. Chief Controller of Imports and Exports

  • Decided on : 11-Sep-1987

Court : Punjab and Haryana

Reported in : 1988(15)ECC192; 1988(36)ELT432(P& H)

... want to apply for a review of the judgment of the High Court on the ground that the offence with which the petitioners are charged is said to have taken place prior to coming into force of the Economic Offenders (Non-applicability of Limitation) Act, 1974, or on any other ground available to them in law.'It is a sequel to this order ... Mr. Brar, learned counsel for the complainant, was that firstly there is no limitation applicable to the filing or continuation of these proceedings in view of the Economic Offenders (Non-applicability of Limitation) Act, 1974 which squarely covers the complaints in question and secondly, neither has there been any unnecessary delay on the part of the authorities concerned in launching the prosecution ... .5. Even on facts I am satisfied that no case has been made out for the grant of the relief prayed for. It is no doubt true that the alleged offences were committed by the petitioners long back and considerable time was consumed by the prosecution to launch the proceedings, but this Court vide its order dated February 8,1984 had ... petitioners, they were summoned by the Special Judicial Magistrate 1st Class, Patiala, vide his order dated January 7, 1984 to face trial under Section 6 of the Imports & Exports (Control) Act, 1947, read with Section 120B of the Indian Penal Code. The details of these complaints which appear to have been prepared and signed on August 19, 1978 but were filed ...

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