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february 1962

Supreme Court of India · 1962-02-05

SITARAM vs STATE OF MADHYA PRADESH

Citation / case number
SC 1960/141
Court
Supreme Court of India
Petitioner
SITARAM
Respondent
STATE OF MADHYA PRADESH
Bench
KAPUR, J.L.

Judgment text excerpt

The Supreme Court held that the prosecution of the appellants under Section 24(1)(b) and (g) of the C. P. and Berar Sales Tax Act, 1947, was barred by limitation as per Section 26(2) of the Act, which mandates that no prosecution shall be instituted after three months from the date of the act complained of. The Court clarified that the term 'any person' in Section 26(2) includes the appellants, and both the filing of the return and the production of accounts are acts done under the Act. Consequently, the prosecution was quashed as it was initiated beyond the stipulated time frame.

SITARAM vs STATE OF MADHYA PRADESH · Niyam