LAWS(MPH)-1976-10-4

SUDARSHAN FINANCE CORPORATION Vs. STATE OF MADH PRADESH

Decided On October 20, 1976
SUDARSHAN FINANCE CORPORATION Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THIS writ petition and the other writ petition (Misc. Petition No. 35 of 1976)under Article 226 o the Constitution challenge the validity of the M. P. Dhan parichalan Skeem (Pratishedh) Adhiniyam, 1975 (Act No. 19 of 1975) (hereinafter referred to as the Act), on the ground of want of legislative competence in the State Legislature, as also for vagueness and arbitrariness and as a colourable piece of legislation and fraud on the Constitution, and further as violative of the fundamental right under Article 31 of the constitution. During the course of the final hearing of these petitions, leave was sought to amend them. It was granted as the learned Advocate-General had no objection. By the amendment, the Act is further challenged as in contravention of Articles 301 to 304 of the Constitution.

(2.) SECTION 3 of the Act reads thus:--

(3.) SECTION 4 makes contravention of the provisions of Section 3, punishable with imprisonment for a term which may extend to six months or fine which may extend to Rs. 1000/-, or with both. Section 5 lays down penalty for other offences in connection with money circulation schemes:--