Saturday, January 3, 2015

MOFA , MAOA, - Offence And Time LImit for Legal Action


continuing offense

Central Government Act

Section 47 of the Co-operative Societies Act, 1912

47. Prohibition of the use of the word “co-operative”.—
(1) No person other than a registered society shall trade or carry on business under any name or title of which the word “co-operative” is part without the sanction of the 30 [State Government]: Provided that nothing in this section shall apply to the use by any person or his successor-in-interest of any name or title under which he traded or carried on business at the date on which this Act comes into operation.
(2) Whoever contravenes the provisions of this section shall be punishable with fine which may extend to fifty rupees, and in the case of a continuing offence with further fine of five rupees for each day on which the offence is continued after conviction there for.

Suresh Mohanlal Goradia vs Hiralal G. Thakkar And Ors. on ...

18. After referring the decision as well as the provisions of the aforesaid Act,: in, my mind in order to understand the concept of continuing offence the test that can be evolved is to examine the fact and situation every day and ask a question whether the statutory requirement is fulfilled or not. If answer turns out to be in the negative, the breach of statutory duty would amount to an offence and as long as such breach continues, the offence has to be held to be continuing.

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