MANDSAUR ELECTRIC SUPPLY CO LTD Vs. MADHYA PRADESH GOVERNMENT ELECTRIC DEPARTMENT
LAWS(MPH)-1980-8-34
HIGH COURT OF MADHYA PRADESH (FROM: INDORE)
Decided on August 05,1980

MANDSAUR ELECTRIC SUPPLY CO LTD Appellant
VERSUS
MADHYA PRADESH GOVERNMENT ELECTRIC DEPARTMENT Respondents


Referred Judgements :-

STATE OF BIHAR V. J.P.SINGH [REFERRED TO]
KRISHNA SANGHI AND ETHERS V. STATE M.P. [REFERRED TO]
EMPEROR V. KARSANDAS GOVINDJI VED [REFERRED TO]
NAZARALLY V. NATTERWALA [REFERRED TO]
STATE OF BIHAR VS. DEOKARAN NENSHI [REFERRED TO]
STATE VS. UMASHANKAR LAXMINARAYAN JAISWAL [REFERRED TO]
STATE OF MAHARASHTRA VS. BHIWANDIWALLA A H [REFERRED TO]



Cited Judgements :-

MADHUSUDAN KRIPARAM DANSENA VS. STATE OF M P [LAWS(MPH)-1998-2-50] [REFERRED TO]
PURSHOTAM LAL VS. GANESH LAL [LAWS(RAJ)-1997-4-45] [REFERRED TO]
Madhu Sudan VS. State of M.P. [LAWS(MPH)-1998-2-57] [REFERRED TO]


JUDGEMENT

- (1.)THIS order shall also govern the disposal of Cr. Revision no. 84 of 1980 (The Mandsaur Electric Supply Co. Ltd. Mandsaur v. Madhya pradesh Government Eke. Department) as both these revisions arising between the same parties raise a common question of law about limitation.
(2.)THE facts, giving rise to these petitions, are as follows: That the the petitioner Mandsaur Electric Supply Co Ltd. , is a limited Company of which other accused are the Directors and Office Bearers. This company was incorporated in 1938 with various objects, one of them being to generate and distribute electricity at Mandsaur for which they were granted a license by the erstwhile Gwalior State. That after the formation of M. P. the work of generation of electricity was discontinued and only distribution was continued. That in 1971-72 the State Government acquired and took possession of the power house and its assets.
(3.)ACCORDING to the M. P. Government Notification dated 21-11-1957, it was incumbent upon the petitioner-accused persons to submit their yearly statements of accounts to the Chairman of the M. P. Electricity Board by 30th September every year, after the close of the financial year of 31st March. The accused persons failed to submit the yearly account for the year 1972-73, which they should have submitted by 30th September, 1973 to the Chairman m. P. Electricity Board, despite repeated demands made by the Government and the Electricity Board. The State Government by its memo dated 24-7-1973 directed the accused persons to get their accounts audited by m/s. D. C. Jain and Co. but they failed to get the same audited. A prosecution was, therefore, launched against the accused persons for violating the provisions of section 11 read with Part II of the Schedule of the Indian electricity Act, 1910 and further read with Rule 26 of the Indian Electricity rules, 1956 punishable under section 47 of the Indian Electricity Act read with Rule 141 of the Electricity Rules, 1956. On these facts a complaint bearing Cr. Case No. 236 of 77 was filed in the Court of the Chief Judicial magistrate, Mandsaur on 5-2-1977.


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