Judgment Search Results Home > Cases Phrase: assam ganja and bhang prohibition act 1958 Court: mumbai Page 1 of about 2,342 results (0.168 seconds)

Commissioner of Income-tax, Bombay Vs. K.B.H.M.D.H. Bhiwandiwalla and ...

Court : Mumbai

Reported in : [1971]79ITR467(Bom)

..... on april 12, 1945, for a period of ten years and in pursuance thereof had granted it a licence to run the distillery an carry on the business of manufacture and sale of liquor, by the application of the bombay prohibition act to the kolhapur state, the assessee had been prevented from continuing its trade and business under the said agreement from the said date and he was informed that the chief administrator of the state had ..... case before us, the licence having been cancelled as a result of the operation of the prohibition act, the business had come to a standstill and was not capable of being carried on any more, and the compensation paid was for the loss caused by the stoppage of the business and not in respect of the profits that would had been earned by the running of ..... before us, however, the litigation undertaken by assessee was not for challenging the governmental action in canceling the licence, nor for challenging the prohibition act, which had the effect of causing a stoppage of its business, but for loss or damage on the basis of its business ..... question raised in this reference under section 66(2) of the indian income-tax act, 1922, arises out of the assessment order for the assessment year 1958-59 corresponding to the previous year ended on 31st march, 1958, and is as follows : 'whether, on the facts and in the circumstances of the case, the tribunal was correct in holding that ..... 1958, ..... said bill as a deduction in its assessment for the assessment year 1958-59. .....

Shaikh Mohammed Azam Vs. Commissioner of Customs, Airport

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... in this behalf by reserve bank of indian and the prohibition under fera, 1973 is deemed to have been imposed under section ..... statements have not been retracted and the statement of paowala and of the travel agent who identified the appellant as the person who had booked air tickets for himself and paowala, together with the recovery of the diamonds is sufficient to establish the appellant's involvement in the offence of attempting to smuggling diamonds out of india (taking precious stones out of india's prohibited under the under the foreign exchange regulation act, 1973 unless permitted by a person authorized ..... in his statement recorded under section 108 of the customs act on 15.03.1996, shri paowala stated that shri azam shaikh who was a ground engineer with indian airlines stationed at mumbai, was his friend and business partner in manufacture and export of ready made garments at mumbai; that the screwdriver bits were given to him by azam shaikh at hyderabad airport cafeteria to be handled over to another person. .....

The State of Maharashtra and Another Vs. Sandeep Laxman Tirukhe and Ot ...

Court : Mumbai Aurangabad

..... even regarding sections 304-b and 306 of the indian penal code and the sections under the dowry prohibition act, the trial court discussed the evidence of alleged demands of money and the ill-treatment claimed by the witnesses and came to the conclusion that it was not proved that there was demand of dowry and that there was ill-treatment. ..... case no.200/2010 by the learned sessions judge, jalna on 24.9.2012, wherein the respondents/accused nos.1 to 7 (hereinafter referred to as 'accused nos.1 to 7) have been acquitted of the offence punishable under section 302 r/w 34 in alternative section 304b r/w 34 and section 498a r/w 34 of the indian penal code, 1860 and sections 3 and 4 of the dowry prohibition act. 2. ..... the cross-examination of complainant further brought on record the fact that accused no.1 had tried to secure employment at latur for the victim and she had also appeared for the bank recruitment examination at that time; that the accused no.1 had arranged to get the victim admitted to d.ed. ..... in cross-examination he further accepted that if there are steps in the well for reaching to the water of the well and a person falls in the well and if a part of the head comes in contact with the said steps in stones, then injury no.1, mentioned in column no.17 of the postmortem report, was possible. .....

Communidade of Murad Vs. Additional Deputy Collector and Land Acquisit ...

Court : Mumbai

Reported in : 1997(4)ALLMR566; (1997)99BOMLR646

..... he also pointed out that under section 43 of the goa, daman and diu town and country planning act, 1974, a prohibition is imposed on the development of a land without the permission of the authority.section 44(4) of the said act deals with permission in dealing with applications by the planning and development authority and says that the planning and development authority shall have regard to the provisions of any development plan; to the proposal or provisions which it thinks are likely to be made in any ..... coupled with it, there was evidence in the form of a certified copy of the decree showing that the plaintiffs, even if they had some shade of title to commence action, they having lost all interest in the property and the property having become one of exclusive ownership of a person not a party to the proceedings, were no more entitled to continue the proceedings for their own benefit.we are afraid how this decision is helpful to the case ..... development plan under preparation or to be prepared; the relevant bye-laws or regulations of the local authority concerned and .....

Mohd. Ismail and Etc. Vs. State of Maharashtra and Another

Court : Mumbai

Reported in : 1998BomCR(Cri)336; (1998)1BOMLR377; 1998CriLJ136; 1998(1)MhLj25

..... is available or not even at a stage where on one hand there is a result of a concluded trial in finding that he is guilty and on the other hand any result that it is bad is yet to be reached the stage is when there exist grounds to proclaim that he is guilty, until the conviction operates and no occasion arises to consider him to be reasonably believed to be 'not guilty', the act does not contemplate release, so long as there exist ground to consider him guilty. ..... 36d of the act and realise the particularity and the meticulous manner in which that section spoke of when the special court is not constituted, but the sessions court in the area already functioned and the sessions court being authorised to take cognizance of an offence and to try the cases under the ndps act, and in the meantime, if the special court comes to be constituted, the case the hearing of which already begins before the sessions court, need ..... with a view to pointing out why more stringent provisions were contemplated and intended by the legislature to be introduced in the act, a reference to the statement of objects for introducing the stringent amendments in 1989 in the ..... to which the non-obstante clause in a particular provision operates is, thus, determinable by the rest of the provisions of a statute and that the legislative intention is at times disclosed to be such as not to restrict or check something which is expressly provided under the act to be done than by the generality of non-obstante clause. .....

State of Maharashtra Vs. Shanta Shankar Kamble (Smt.)

Court : Mumbai

Reported in : 1988(1)BomCR132

..... in addition, supervision order was also made against the accused to the effect that she should remain under the supervision of the probation officer for a period of one year and should allow him inspection of premises whenever asked for and should also inform the probation officer of any change in residential address within eight days of the change, if any. ..... 500/- with one surety for like amount (on each count) to appear and receive sentence when called upon during the period of one year and to in the meanwhile keep peace and be of good behaviour as also to pay compensation of rs. ..... in his submission there is in this case no sentence imposed upon the accused and consequently occassion to consider enhancement of sentence does not exist or arise. ..... in the present case there was no such cause, and the high court erred in condoning the delay. ..... indeed, the various dates mentioned in the application indicate want of diligence at all relevant stages of the proceedings till the time the application and the appeal were ultimately filed in this court.4. ..... act and section 373 of the penal code, the learned additional sessions judge, instead of sentencing her at once to any punishment, has directed her release on entering into a band for rs. ..... but when it allows limitation to expire and pleads sufficient cause for not filing the appeal earlier the sufficient cause must establish that because of some event or circumstance arising before limitation expired it was not possible to file the appeal within .....

J.C. Thakkar Vs. Commissioner of Income-tax, Central, Bombay

Court : Mumbai

Reported in : AIR1955Bom340; (1955)57BOMLR464; [1955]27ITR658(Bom)

..... of the legislature was that whenever there is a firm, the firm should be assessed with regard to its profits and not the individual partners, we should have expected some indication to that effect either in section 3 or in some other provision of the income-tax act, and, as we shall presently point out, there is absolutely no prohibition in any provision of the income-tax act prohibiting the assessment of a partner until the firm of which he is a partner has been assessed. 5. ..... , the assessee in this case can only succeed provided he satisfies an either that there is a prohibition, express or implied, against the mode of assessment followed by the department or that there is an obligation cast by the statute upon the department to assess the firm first and the partner afterwards or that the assessment of the unregistered firm is a condition precedent to the assessment ..... , it would be over emphasising the importance of this definition which deals with a limited subject and of which the object is clear, to suggest that the only inference that can be drawn from this definition is that there is an implied prohibition against the individual partner being assessed before the unregistered firm is assessed. 9. ..... taken us through all the relevant sections, that he cannot lay his finger on any express prohibition; but what he maintains is that when we look at the scheme of the act if will be clear that there is an implied prohibition against the procedure followed by the taxing authorities. .....

M.A. Rangaswami and ors. Vs. AmIn Chand Payarelal Firm, Bombay

Court : Mumbai

Reported in : AIR1979Bom130; (1978)80BOMLR250

..... . in the case before the supreme court, omer had sought to import a breeding mare under one of the exemptions available for clearance of one dog, a pet animal and birds, and it was urged that the expression 'prohibition' occurring in section 111(d) of the customs act, 1962, must be considered as a total prohibition and such expression would not bring within its fold the restriction imposed by clause 3 of the imports (control) order 1955 ..... to which any order under sub-section (1) applies shall be deemed to be goods of which the import or export has been prohibited under section 11 of the customs act, 1962, and all the provisions of that act shall have effect accordingly',16. it may be noted that sub-section (3) of section 3 also empowers the central government by order published in the official gazette, to prohibit, restrict or impose conditions on the clearance, whether for home consumption or for shipment abroad, of any goods or ..... what is more important is the difference in phraseology between section 167 (8) of the sea customs act, 1878, and section 111(d) of the customs act, 1962; the former talks of importation of goods which are for the time being prohibited or restricted by or under chapter iv of the sea customs act, 1878 whereas the customs act 1962, with which we are concerned, talks of prohibition imposed by or under the customs act or any other law for the time being in force. 15. .....

Shantilal Ambalal Mehta Vs. M.A. Rangaswamy

Court : Mumbai

Reported in : (1977)79BOMLR633; 1977MhLJ587

..... to which it exercises jurisdiction to, issue to any person or authority, including in appropriate cases, any government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them,-(a) for the enforcement of any of the rights conferred by the provisions of part iii; or(b) for the redress of any injury of a substantial nature by reason of the contravention ..... court is satisfied-(a) that a case pending before it or before a court subordinate to it involves questions as to the constitutional validity of any central law or, as the case may be, of both central and state laws; and(b) that the determination of such questions is necessary for the disposal of the case,the high court shall refer the questions for the decision of the supreme court.provision is, therefore, made requiring the ..... , prohibition and certiorari are used to control inferior courts and other persons or bodies of persons having legal authority to determine questions affecting rights of subjects and having duty to ..... [1958]1scr1240 , it was clearly observed by the supreme court that rules of natural justice vary with the varying constitution of statutory bodies and the rules prescribed by the act under which they function and the question whether or not any rules of natural justice had been contravened should be decided not under any preconceived notions but in the light of statutory rules ..... ..... [ ..... [ ..... 1958 .....

Saraswat Co-operative Bank Ltd., Mumbai Vs. Chandrakant Maganlal Shah ...

Court : Mumbai

Reported in : AIR2002Bom203; 2002(1)ALLMR1021; [2003]113CompCas502(Bom); 2002(1)MhLj581

..... the judgment of this court in union bank (supra) merely holds that under section 15 of the rent act the prohibition against sub-letting or transfer or assignment of leasehold interest is not absolute because it is always open to the parties to contract to the contrary; that section 15 nowhere provides dial the transfer shall be void and that the proviso to section 15(1) confers power on the state government by notification to permit transfer of such interest. ..... , the division bench of this court took the view that, in the absence of total prohibition of transfer of leasehold interest in respect of the non-residential premises, it is not correct to suggest that the lessee of such premises does not hold saleable property or does not hold disposing power in respect of such interest and, therefore, there is no bar whatsoever under section 15(1) to attach and sell the leasehold interest of the lessee in a premises leased out for non-residential ..... any tenant to sub-let the whole or any part of the premises let to him or to assign or transfer in any other manner his interest therein and after the date of commencement of the bombay rests, hotel and lodging house rates control (amendment) act, 1973, for any tenant to give on licence the whole or part of such premises:provided that the state government may by notification in the official gazette, permit in any area the transfer of interest .....