Skip to content

Filter by :

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

Mar 14 2003

Narain Dev Dhablania Vs. Income-tax Officer

  • Decided on : 14-Mar-2003

Court : Punjab and Haryana

Reported in : (2003)184CTR(P& H)254; [2003]262ITR206(P& H)

... 6. Chapter XXXVI of the Criminal Procedure Code provides for limitation for taking of cognizance of certain offences. However, the provisions of the Economic Offences (Inapplicability of Limitation) Act, 1974, makes the said Chapter inapplicable to offences under the enactments in the Schedule, which includes the Income-tax Act. 7. Learned counsel for the Department relied on C.G. Balakrishnan v. ITO : [1988]171ITR1(Ker) ... rigid rule is laid down, this may prejudice even a legitimate prosecution. It may, therefore, not be justified to quash proceedings on the ground of delay, if otherwise an offence has been committed. It goes without saying that the concerned authorities have to initiate proceedings expeditiously, but if some delay has taken place in launching the prosecution, it will ... rule to hold when delay is a ground for holding that the prosecution is vitiated. The extent of sentence, nature of offence and circumstances of the case have to be taken into account. The maximum punishment for the offence alleged (concealment of income of Rs. 20,000) is three years under Section 276C. Though the cause of action for initiating ... framed on February 26, 1977. The petitioner filed a revised return on October 20, 1978, in response to a notice under Section 148 of the Income-tax Act, 1961 (for short, 'the Act'), and thereafter, assessment was framed on October 16, 1979. Against the order of the Income-tax Officer, the petitioner preferred an appeal which was accepted on November ...

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 ...

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 ...

Oct 09 2009

H.C. Arora Vs. State of Punjab and Ors.

  • Decided on : 09-Oct-2009

Court : Punjab and Haryana

Reported in : (2009)156PLR721

... a term loan is not in consonance with any established practice and mode prevailing in the financial world. (k) The Superintendent of Police, Economic Offences Wing, Unit V, Vigilance Bureau, Punjab has recommended initiation of legal action.33. There are many question marks regarding transparency, accountability of the ... that officials of the Bank and the Board are public servants within the meaning of Section 2(c) of the Prevention of Corruption Act, 1988. Therefore, there is need to enquire whether the payment of commission amounting to Rs. 1.62 crores to a Loan Arranger ... to conclude the proceedings in the above said complaint. Final report of the investigation carried by Mr. I.S. Randhawa, Superintendent of Police, Economic Offences Wing, Unit-V, Vigilance Bureau, Punjab has been handed over to us. The Superintendent of Police (Vigilance), Punjab, in his report dated 15th June ... aware of any payment to Arranger as no process fee/legal fee was charged from the Board.22. The Superintendent of Police, Economic Offences Wing, Unit-V, Vigilance Bureau, Punjab had recorded the statement of Deepak Mittal, Director of A.K. Capital Services, wherein he stated that ... advantage of their official position and whether it can be presumed that they have enriched themselves and committed an offence under the provisions of the Prevention of Corruption Act, 1988 ? Whether such a financial transaction adheres to the norms of transparency, accountability, regulations and instructions of the Reserve ...

Nov 15 2007

Sewa Ram Vs. Bharat Petroleum Corporation Ltd. and Ors.

  • Decided on : 15-Nov-2007

Court : Punjab and Haryana

Reported in : (2008)149PLR239a

... economic offences, he will not be eligible for the dealership/distributorship. The only condition was that on the date of application and consideration, a candidate should not have been convicted of any criminal offence involving moral turpitude and/or economic offences in the application form, the petitioner was only asked to disclose whether he has been convicted for any criminal offence involving moral turpitude and/or economic offences ... opinion, such contention cannot be accepted, because acceptance of such an argument would amount to Court's approval to an illegal, arbitrary and unconstitutional act of the respondent Corporation. Similar submission was dealt with by this Court in C.W.P. No. 6133 of 2001, title Navdeep Kumar Maheshwari v ... means conviction of a person for any criminal offence involving moral turpitude/economic offences (other than freedom struggle). Under the 'Disqualification' clause, it has been provided that a candidate will be disqualified if he/she is convicted for any criminal offence involving moral turpitude/economic offences (other than freedom struggle) and if such a ... the petitioner was not convicted for any criminal offence involving moral turpitude and/or economic offences (other than freedom struggle). Therefore, alongwith the application form, the petitioner submitted the requisite affidavit stating that he was never convicted for any criminal offence involving moral turpitude and/or economic offences (other than freedom struggle). It is ...

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 ...

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 ...

Aug 23 1993

Amrinder Singh Kang Vs. The State of Punjab

  • Decided on : 23-Aug-1993

Court : Punjab and Haryana

Reported in : 1994CriLJ41

... the prosecution nor the accused can be blamed but the system itself. Such delays to cannot be treated as unjustifiably broadly speaking. Of course, if it is a minor offence not being an economic offences and the delay is too long, not caused by the accused, different considerations may arise. Each case must be left to be decided on its own facts having ... . the period from which the petitioner took over as Deputy Secretary of the Punjab School Education Board initially on ad hoc basis and thereafter on regular basis. Obviously, such like acts of amassing disproportionate assets are done by the defaulter under secretive circumstances and come to light only if some body from the department concerned or other person having dealing with ... petitioner seeks quashment of FIR No. 89 registered against him at Police Station Mohali, district Ropar, on 24-11-1988 for the offences punishable under Section 5(2) read with Section 5(1)(i) of the Prevention of Corruption Act, 1947, inter alia on the ground of delay in completion of investigation as well as on the ground that he was earlier ... a simple one involving say dozen witnesses which can be concluded in a week while another case may involve a large number of witnesses, and may take several weeks. Some offences by their very nature e.g., conspiracy, cases, cases of misappropriation, embezzlement, fraud, forgery sedition, acquisition of disproportionate assets by public servants,; cases of corruption against high public servants and ...

Dec 06 2012

Amin Khan and others Vs. Amin Khan and others

  • Decided on : 06-Dec-2012

Court : Punjab and Haryana

... one cannot be prosecuted or punished twice for one and the same act constituting the offence. In the first instance, FIR No.216 was got registered in Police Station Economic Offences Wing, Delhi and in respect of the same alleged act, the second FIR No.31 was registered in Police Station Pehowa, District ... Economic Offences Wing, Delhi and in respect of the same alleged act, the second FIR No.31 was registered in Police Station Pehowa, District Kurukshetra.4. This argument has been rebutted by learned State counsel assisted by learned counsel for the complainant who contends that the subject matter, that is, the acts ... has urged that initially, Rajwati-complainant got registered FIR bearing No.216 dated November 28th, 2008 under Sections 420 etc. IPC in Police Station Economic Offences Wing, Delhi. The allegations in the said FIR were to the effect that the complainant along with her sister and mother was owner ... no one ought to be punished twice for one offence.7. The crucial question arising is whether the offence alleged to have been committed by the petitioners at New Delhi and Pehowa is one and the same or these are two distinct acts and offences.8. It is the case of the complainant ... by Brahm Singh and the petitioners. In this way, it cannot be said that the offences committed by the petitioners are one and the same. Though, there is similarity between the allegations but the offences committed by the petitioners are distinct. They are in no way common. Therefore, the provisions ...

Get Latest cases on this phrase via RSS

RSS feed
Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //