Judgment Search Results Home > Cases Phrase: assam ganja and bhang prohibition act 1958 Court: mumbai Page 4 of about 2,342 results (0.096 seconds)

Nagorao Narayan Diewane Since Deceased Through Heirs Vs. Narayan Awadu ...

Court : Mumbai

Reported in : 2000(1)ALLMR555; 2000(4)BomCR165; (2000)1BOMLR857; 2000(2)MhLj273

..... appellant amended the appeal memo and ground (xiii) was added as under :'that the impugned decree in favour of plaintiff is hit by the benami transaction (prohibition) act, 1988 and effectuation of the decree is barred.'mr. ..... subsequent declaration by defendant in his letters written to plaintiff every time referring to suit plot accepting the plaintiff's title over it was rightly accepted by plaintiff as of blemish or illwill or dishonest intention in the mind of defendant was vanished and their cordial relations continued as before till the year 1973, that is why as explained by plaintiff he also did not ask the defendant to execute the sale deed. ..... but even if it is found to be so, still it cannot be said that any fraud was played while describing the property in the mortgage deeds because although the suit plot was owned and possessed by defendant when, the mortgage deeds were executed the defendant was affirmed on his agreement to executing sale deed of the suit plot in favour of plaintiff for rs. ..... 1000/- in the year 1958 by executing a mortgage deed dated 13-2-1957 and the mortgage deed dated 1-3-1958 in favour of the society on behalf of the plaintiff. ..... in the year 1957 and 1958 with assistance of defendant plaintiff mortgaged the entire block no. ..... it is further admitted for construction of the house plaintiff raised money by mortgaging the property including the suit plot and for that executed mortgage deed vide exhibit 199 and 59 dated 13-2-1957 and 1-3-1958 respectively. .....

intelligence Officer, Dri Vs. Amjad HuseeIn Khan and anr.

Court : Mumbai

Reported in : 2003(90)ECC906

..... any special law with the powers of investigation under the code including the powers to submit a report under section 173 of criminal procedure code he cannot be described to be an police officer under section 25 of the evidence act.no doubt, in both these cases the point in issue was the prohibition under section 25 of the evidence act and the prohibition under article 20(3} of the constitution of india did not fall for consideration in the said case. ..... under article 20(3) of the constitution will not be available to the statements in the case, since it is not in dispute that they have been recorded only during an investigation undertaken by the customs officer under sections 107 and 108 of the customs act of 1952 and at a time when the deponents did not stand in the position of accused in the light of the principles stated in the decisions cited above. ..... the decision in : 1970crilj863 it is clear that when an inquiry is being conducted under section 108 of the act, and a statement is given by a person against whom the inquiry is being held it 'is not a statement made by a person accused of an offence and the person who gives the statement does not stand in the character of an accused person'. ..... act by an empowered officer other than the police officer, is hit by prohibition under article 20(3) of the constitution and is inadmissible is ..... act by an empowered officer other than the police officer, is hit by prohibition under article 20(3) of the constitution and is inadmissible in .....

Subodh Prasad Urf Anil Chotu Jagdish Mahato, Vs. Jagbir Singh Darbara ...

Court : Mumbai

..... prohibition act, ..... in this rule includes the sentence or sentences awarded in lieu of fine in case the amount of fine is not paid : provided that if fine is paid during the period of imprisonment and the total sentence thereby reduced to a term not exceeding 5 years, he shall thereafter be eligible for release every year in accordance with sub-rule (1) instead of every two years under ..... government circular dated 16th december 2008 if were to be considered as mandatory requirement, it would result into supplanting the conditions specified in the act and more particularly, in the statutory rules to enable the prisoners/convicts from outside maharashtra to avail of furlough leave by providing only local surety ..... in any case as an accused person: if so, give particulars of the case:(g) any other particulars in regard to the status of the surety, or his income and assets, which the surety may desire to give :(3) i produce the following proof in support of my statement, and give particulars of the same as below:(rent bills of place of residence)(ration card)(rent bills of place of business)(deed of partnership or other documents relating to business ..... surety or surety, bond by a stock surety, in addition to the proof as mentioned in sub-clause 3 of the format of application of surety, the surety, in all cases under the ndps act, the cases in which offence is serious and sentence provided is more than 10 years imprisonment or the cases under the special enactment like pota/mocca etc. ..... assam .....

Addl. Cit Vs. Kwality Frozen Foods Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)1SOT243(Mum.)

..... skill, industry, or enterprise.in the light of the above explanations on the subject of goodwill as well as trade mark, the learned cit submitted that trademark is in fact the reflection of the goodwill and there cannot be two different aspects such as goodwill and trademark in contradistinction.the learned cit contended that as trademark is also very much part of the goodwill, the sale of the trademark involved in this case is covered by the provisions of section 55(2) ..... capital gains tax on the sales consideration of trademark.he further argued that as evident there is no cost of acquisition for the trademark in the hands of the, assessee-company and, therefore, the assessee is not entitled for the benefit of indexation and accordingly, the assessing officer has rightly brought the entire sales consideration for the computation of taxable gains.ms. shobha jagtiani, the learned counsel appearing for the assessee ..... the assessee further submitted before the assessing officer that even after the amendment brought in section 55(2) of the act, by which the goodwill, tenancy rights, stage carriage permits and loom hours have been brought under the ambit of taxation, the sale of trademarks would still be outside the purview of long term capital gains as the said item trademark was not ..... . the amount received by the assessee on account of assignment of trademark for prohibition to manufacture, produce or process any article or thing or right to carry on any business was not .....

Ramkrishna Trimbak Nadkarni Vs. Narayan Shivrao Aras

Court : Mumbai

Reported in : AIR1915Bom280; (1915)17BOMLR955

..... they did not admit the bona fides of the mortgage bonds of their father; that they were passed for debts incurred for immoral and illegal purposes; that their father was given to profligate habits and was fond of gambling in speculative transactions recklessly; that they derived no benefit from the transactions; and that they were not liable under the hindu law to pay off debts incurred by their father so imprudently.3. ..... on behalf of the ist defendant if the restriction or the prohibition against embarking in trade occurred in a contract with a large employer of labour other than government in which the clause was that the servant might not engage in a trade, it cannot be contended that a disregard of such an injunction would taint his trade dealings with immorality or impropriety as between himself and those with whom he traded. ..... as the highest point at which the appellants' case can be put, such conduct on the part of the 5th defendant could be treated as conduct which the father 'as a decent and respectable man' ought not to have engaged in; and whether the debts of the fish trade were debts 'attributable to his failings, follies or caprices'. ..... point then made was that having been entered into in contravention of government servants' conduct rules, the transactions which resulted in the mortgage debt were null and void under section 23 of the contract act as being agreements forbidden by law or opposed to public policy. ..... section 23 of the contract act is no longer appealed .....

Manubhai A. Sheth and Others Vs. N.D. Nirgudkar, 2nd Income-tax Office ...

Court : Mumbai

Reported in : (1981)22CTR(Bom)41; [1981]128ITR87(Bom); [1980]4TAXMAN381(Bom)

..... the payment of compensation under the said assam act was directly associated with the requisition of land itself and that under the said assam act requisition and compensation went together and were so interlocked or interwoven that one could ..... any area which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation, notified area committee, town area committee, town committee, or by an other name) or a cantonment board and which has a population of not less than ten thousand according to the last preceding census of which the relevant figures have been published before the first day of the previous year ; or (b) in any area ..... in any area which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation, notified area committee, town area committee, town committee or by any other name) or a cantonment board and which has a population of not less than ten thousand according to the last preceding census of which the relevant figures have been published before the first day of the previous year; or (b) in any area within ..... the court further pointed out that the legislature cannot violate the constitutional prohibitions by employing an indirect method and that in cases such as these the inquiry must always be as to the true nature and and character of the challenged legislation and it is determine as to whether or not it relates to a ..... andhra pradesh : [1958]1scr1422 the contentions of .....

Emperor Vs. Abidalli Jafferbhoy

Court : Mumbai

Reported in : AIR1947Bom465; (1947)49BOMLR336

..... restrictive or prohibitory enactments or orders; in march 1942 the central government made an order under rule 81 of the defence of india rules prohibiting strikes in connection with trade disputes without notice being given to the employer, within one month before striking not less than 14 days' previous notice in writing of the intention to strike; and on april 17, 1943, the central government inserted clause (hh) in sub-rule (6) of rule 34 relating to strikes called not in ..... who gave the judgment, after construing the words 'lawful excuse' as meaning an excuse which is not unlawful, or not, prohibited by law remarked: 'there is no doubt that if the workers were not satisfied with the wages given to them, they had an excuse for going on strike, and unless such a strike is prohibited, the (excuse cannot be regarded as unlawful'. ..... the kind under consideration had not so far been prohibited, but they would, in certain circumstances and with reference to the results they produced or tended to produce, be prejudicial acts. ..... lawful authority clearly means an authority which is given or recognised by law and which permits the act in question to be done; it can scarcely mean, in our opinion, an authority which has not been shown ..... created or recognized by law and (2) not prohibited by law. ..... , that the learned chief presidency magistrate was right in holding that the prejudicial act in this case was not done with lawful authority or excuse and in convicting the accused under rule 38(5).4. .....

Bombay Education Society Vs. State of Bombay

Court : Mumbai

Reported in : AIR1954Bom468; (1954)56BOMLR643; ILR1954Bom1333

..... there is a contravention of the sub-section is to ascertain the reaction of the impugned act on the personal right conferred by the sub-section, and, while the scope and object of the act may be of assistance in determining the effect of the operation of the act on a proper construction of its provisions, if the effect of the act so determined involves an infringement of such personal right, the object of the act, however laudable, will not obviate the prohibition of sub-s. 1. ..... as we shall presently point out, the law is now well settled that in construing the right given to the citizen and in interpreting the prohibition against depriving the citizen of his right, the court is not concerned with the motives or reasons that lead government to pass a law or issue an order.the reasons or ..... now, it would be noticed that the circular clearly prohibits any citizen who does not happen to be an anglo-indian and therefore does not belong to a section of citizens whose language is english, but whose own personal mother tongue may be english, from being admitted to this anglo-indian school.in understanding and appreciating this circular it must be clearly borne in mind that although a section of the people of india may have a particular language ..... gujar and major pinto, in view of our judgment they have a right to have their children admitted to the barnes school, and as government has been prohibited from enforcing that order against the school, there is nothing to prevent the school .....

intelligence Officer Directorate of Revenue Intelligence (Dri) Vs. Amj ...

Court : Mumbai

Reported in : 2003BomCR(Cri)1309; 2003(3)MhLj954

..... described to be an policeofficer under section 25 of the evidence act.no doubt, in both these cases the pointin issue was the prohibition under section 25 of theevidence act and the prohibition under article 20(3) ofthe constitution of india did not fall for ..... will not beavailable to the statements in the case,since it is not in dispute that they havebeen recorded only during aninvestigation undertaken by the customsofficer under sections 107 and 108 of thecustoms act of 1952 and at a time whenthe deponents did not stand in theposition of accused in the light of theprinciples stated in the decisions citedabove. ..... the apex court was that aperson against whom an inquiry is made by the customsofficer under the sea customs act, 1878 is a personaccused of an offence and on that account he cannot becompelled to be made a witness against himself and theevidence if any, collected by examining him undersection 171-a of the sea customs act is inadmissible.the apex court held that the said contention has nosubstance. ..... act, it is not necessary that the officershould be a gazetted officer when summons are issued tothe accused to give evidence or to produce documents.however, in this connection it would be necessary tonote that the sea customs act 1878 has been replaced bythe customs act, 1962 and the provisions of section171-a of the sea customs act is para materia withsection 108 of the customs act, 1962 and section 107 ofthe customs act, 1962 is similar to section 67of thendps act .....

T.R. Pratt (Bombay) Ltd. Vs. E.D. Sassoon and Co. Ltd. and anr.

Court : Mumbai

Reported in : AIR1936Bom62

..... such a company are fixed with notice of any limitations on the power of the company contained in the statute under which it is incorporated or in the memorandum or articles of association; but that if it is shown that a particular act was ostensibly authorised by the statute and the memorandum or articles of association, persons dealing with the company are not concerned to see that the company has put itself into a position to exercise its power properly. ..... competent for a majority of the share-holders present (though not a majority of the share-holders of the company), at an extra-ordinary meeting convened for that object, and of which object due notice had been given, to ratify an act previously done by the directors in excess of their authority; and they are not prepared to say that if a report had been circulated before a half-yearly meeting distinctly giving notice that the directors had done ..... it arises directly under the statute, is really more apparent than real, because under section 8, companies act, 1929, and the corresponding sections in earlier acts, the articles of association are made the regulations of the company, so that they bind the company by virtue of the statute, and the only real distinction between the position in england and in india (apart of course from the fact that the articles can be altered by the company whilst ..... section 91-b, companies act, enforces a statutory prohibition which is somewhat stringent, and it was pointed out in argument in guntur .....