Judgment Search Results Home > Cases Phrase: bombay abkari act 1878 maharashtra section 30 form and conditions of licences etc Page 1 of about 16 results (0.094 seconds)

Mr. Chimanlal Shah Vs. Mrs. Farhana Abdul Jabar Sayyad

Court : Mumbai

Reported in : 2009(6)MhLj598

..... pertinent to note that sub-section (4) of section 6 of the old rent act clearly provided that, 'notwithstanding contained in the foregoing provisions of this section, or any other provisions of this act, the application of part ii to premises given by landlord referred to in section 13-a(2) on or after the commencement of the bombay rent hotel lodging house rates control amendment act, 1986 on licence for residence shall be subje3ct to the provisions of section 13-a(2) and of part-iia ..... 25th september, 1996 wherein it was clearly held that, 'a close and careful reading to sub-section (4) of section 6 would show that by this enactment, the provisions of section 13-a(2) and part iia were made applicable to the premises given on licence for residence by landlord referred to section 13-a(2) on or after commencement of the bombay rent control amendment act, 1986' ..... . however, for the reasons aforesaid and considering the object and purpose that is to be achieved by the maharashtra rent control act so also bearing in mind that the summary procedure and special provisions were not introduced for the first time in the new act but the old provisions were retained and kept intact that the view taken by his ..... thereafter states thus:with respect to the second condition, it is quite simple to understand ..... is defined to mean a person who is in occupation of the premises or a part thereof, as the case may be under a subsisting agreement for license given for the license fees or charge, etc. .....

The Municipal Corporation for Greater Bombay and anr. Vs. Shroff and C ...

Court : Mumbai

Reported in : AIR1988Bom334; (1987)89BOMLR612

..... all the expenses which the importer is bound to incur before the article can be brought within the limits of greater bombay, and therefore, the countervailing duty which the importer was liable to pay right from the enactment of sections 105 and 106 of the prohibition act must form and constitute a part of value of the article, and therefore, the submission that countervailing duty could not be taken into consideration mule assessing the value of article prior to ..... submission is not accurate, because the liability to pay countervailing duty arises as soon as the imported liquor enters the state of maharashtra, and what section 106 of the prohibition act prescribes is that the collection of duty is deferred till the date of removal of the liquor from the bonded werehouse ..... the respondents have secured licence to import the liquor and store the same in their bonded warehouse situate at tejoriwalla building, corner of grant road, bombay, in accordance with the provisions of maharashtra foreign liquor (storage in bond) rules ..... of bombay enacted the bombay prohibition act, 1949 for the purpose of amending and consolidating the law relating to the promotion and enforcement of and carrying into effect the policy of prohibition and also the abkari law in the state of bombay. ..... article' as existing prior to june 28, 1983 prescribes that the value shall be made up of the costs price of the article as ascertained from the original invoice plus shipping dues, insurance, custom duties, sales tax, insurance etc .....

Narayan Rama Sambrekar Vs. the State of Maharashtra

Court : Mumbai

Reported in : (1970)72BOMLR154; 1970MhLJ283

..... the three accused were then charged under section 7(i)(a)(ii) of the essential commodities act, 1955, read with clause 12 of the maharashtra scheduled food-grains (stock declaration and procurement and disposal, acquisition, transport and price control) order, 1966 (hereinafter referred to as 'the said order ..... dagadu shetiba : air1938bom43 which dealt with the bombay abkari act. ..... 1 and 2 under section 7(1)(a)(ii) of the essential commodities act, 1955 read with clause 12 of the maharashtra scheduled foodgrains (stock declaration and procurement and disposal acquisition, transport and price control) order, 1966, is set aside and the accused are ..... village or any municipal or cantonment urea in the state to any area in the state outside it, or vice versa,(b) other foodgrains from any taluka in the state to any area in the state outside it, or vice versaexcept under and in accordance with an authorisation granted by the collector of the district within which or from which such transport is to take place, or by any officer authorised by such collector:there are certain provisos to this clause with which, however ..... the definition of 'transport' showed that two destinations had to be pointed out, one from which it started and the other at which it was to end and within the definition of clause 2(p) of the said order, both these destinations had to be 'within the state ..... the present case, on the finding of the magistrate, the accused was going to poona, and was merely passing through bombay. .....

Balukishan A. Devidaval Vs. the State of Maharashtra

Court : Mumbai

Reported in : 1975CriLJ1891

..... is whether the officer concerned is exercising all the powers of a police officer which enables him to extort a confession which confession can be used against him if the provisions of section 25 of the act do not apply.it will be pertinent to note here, there-fore, what were the provisions which were considered by the full bench decision under the bombay abkari act, 1878, which led the full bench decision to conclude that the officer exercising the powers under that ..... section 41 of the bombay abkari act, 1878. ..... law.as i have already indicated, the question is not altogether free from difficulty, but the view that i have formed on a consideration of the numerous authorities cited before us is that section 25 was intended to apply to the police officers and police officers alone and that if the framers of the act did not have in view, at the time of framing the section, any class of persons other than the police officers, we cannot read the term 'police officers'' as including men ..... the accusation of any offence which is an essential condition for the application of article 20 (3) is a condition precedent for the application of the principle prescribed by the said article.80. ..... tipnis the learned assistant government pleader on behalf of the state of maharashtra, resisted the application supporting the arguments of mr. ..... section 9 regulates dismissal, removal etc. ..... of members of the force etc. .....

State of Punjab and anr. Vs. Devans Modern Brewaries Ltd. and anr.

Court : Supreme Court of India

Reported in : JT2003(10)SC485; 2003(10)SCALE202; (2004)11SCC26

..... forms and conditions of licenses, etc:-every license or permit granted under this act shall be granted:- (a) on payment of such fees, if any;(b) for such period;(c) subject to such restrictions and on such conditions; and(d) shall be in such form and contain particulars - as the government may direct either generally, or in any particular instance in this behalf.' 72. ..... provision to grant licence is contained in chapter vi of the abkari act, section 24 whereof is as under:'24. ..... the question which arose for consideration therein was as to whether the exercise of power under section 58a of the bombay prohibition act, 1949 so as to recover the arrears of salaries of the officers deputed for excise supervision was permissible. ..... state of maharashtra reported in : [1984]2scr440 held that the subject 'lotteries organized by the government of india or the government of state' is carved out the subject 'betting and gambling' in entry 34 list ii to the 7th schedule to the constitution of india and placed in entry 40 list 1 to the 7th schedule of the constitution of india and as such parliament alone can make law in respect of lotteries covered by entry. 40. ..... provided as follows:- (i) duty shall not to be so imposed on any article which has been imported into india and was liable on importation to duty under the indian tariff act, 1894, or the sea customs act, 1878. .....

Parisar Vs. Pune Municipal Corporation

Court : Mumbai

..... when corporation took decision to cancel the construction of that road and wanted to delete that road from the final development plan, admittedly corporation followed procedure under section 37 of the maharashtra regional town planning act. ..... if for the purpose of construction of road, or road widening if such acquisition is required then under section 37 it is necessary for the planning authority to invite the objections and suggestions from any persons in respect of proposed modification and shall also serve notice on all the persons affected by the proposed modification and after giving hearing to such persons, the planning authority to submit proposed modification to the state government for sanction. ..... the learned counsel for the appellants pointed out that as per the condition imposed by the state government the road is required to be used only for the two wheelers but the four-wheelers are allowed on the street. ..... he further submitted that the construction of new street was not carried out under section 37 of the mrtp act but the corporation has carried out construction invoking section 205 of the bombay provincial municipal corporations act, 1949 (bpmc act). ..... he relied on the judgment of the learned single judge of this court in the case of kolhapur zilla rajya abkari parvana dharak samajik seva sangh vs. ..... the word affected persons contemplates that the persons who are directly affected due to the acquisition, reservation, construction or widening etc. .....

K. Narayana and anr. Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Reported in : 1997(1)ALD(Cri)712; 1997(1)ALT(Cri)817; 1997CriLJ3258

..... is controlled by section 5(2) and hence the police have no power to effect searches or arrears or to send up cases for trial for offences falling under the bombay abkari act, and no such power can be presumed. ..... these enactments, therefore, constitute a special law in force conferring special jurisdiction and powers on courts-martial and prescribing a special form of procedure for trial of offences under those acts, it held that the effect of section 5 of the code of criminal procedure is to render the provisions of the code inapplicable in respect of all matters covered by such special laws. ..... india, : 1987crilj1877 , the supreme court observed that the relevant chapters of the army act, the navy act and the air-force act embody a completely self-contained comprehensive code specifying various offences under those acts and prescribing procedure for detention and custody of offenders, investigation and trial of the offenders by courts-martial, the punishments to be awarded for various offences, etc. ..... person accused of an offence prescribed therein shall be released on bail, unless the conditions contained therein were satisfied. ..... of maharashtra v. ..... case are that the sub-inspector of police, task force, south zone, hyderabad filed charge sheet against the petitioners alleging that on receipt of information that the petitioners are selling toddy without licence to the customers near moosram bridge, he conducted raid and found the petitioners selling toddy without any excise licence. .....

Rajpal Bhiraram Vs. the State of Maharashtra

Court : Supreme Court of India

Reported in : AIR1974SC1150; 1974CriLJ806; (1974)3SCC633; 1974(6)LC12(SC)

..... appellant was convicted by the additional chief presidency magistrate, bombay, under section 122(a) and section 125(1) read with section 37(1)(a) of the bombay police act and was sentenced to three months' imprisonment under the first count ..... this court therefore said :in a case like his...in our opinion, it was incumbent on the high court to issue notice to the state and hear the appellant with the record before it and after evaluating the evidence to record as speaking order so that this court could also have before it the reasoning of the high court for upholding the appellant's conviction.on account of certain special features of the ..... of maharashtra : 1970crilj891 this court was faced with another similar order of the bombay high court ..... we have examined the evidence only with respect to the first count relating to the offence under section 122(a) of the bombay police act. ..... the appellant's appeal in the bombay high court raised a serious point for consideration as to whether on the acquittal of the only co-accused he could be convicted under section 302 read with section 34 i.p.c. ..... their appeal was allowed and the order of the bombay high court was set aside and the case was sent back to the high court for hearing their appeal on merits after notice to ..... argument of counsel for the appellant is that, as the order of the bombay high court does not state any reasons, it should be set aside. ..... the state of maharashtra : 1970crilj995 and challappa ramaswami ..... state of maharashtra : .....

Parshuram Ramchandra Mohite and ors. Vs. State

Court : Mumbai

Reported in : 1970CriLJ1296

..... by the side of the driver-were put under arrest, the three accused were then charged under section 7 (i)(a)(ii) of the essential commodities act, 1955, read with clause 12 of the maharashtra scheduled foodgrains (stocks declaration and procurement and disposal, acquisition, transport and price control) order, 1966 (hereinafter referred to as 'the said order').3. ..... l r 1062 : air 1938 bom 43, which dealt with the bombay abkari act. ..... definition of 'transport' showed that two destinations had to be pointed out, one from which it started and the other at which it was to end and within the definition of clause 2 (p) of the said order, both these destinations had to be ' ..... (b) other foodgrains from any taluka in the state to any area in the state outside it, or vice versa except under and in accordance with an authorisation granted by the collector of the district within which or from which such transport is to take place, or by any officer authorised by such collector.there are certain, provisos to this clause with ..... ' unless therefore those requirements were satisfied that the transport began from some place in the state and was to end at some place in the state, the provisions of clause 12 of the said order would not apply to anything that ..... fact that this truck entered the ratnagiri district on 9th september 1967 and he also states that the accused told him that they had come from ..... , on the finding of the magistrate, the accused was going to poona and was merely passing through bombay. .....

The State of Maharashtra Vs. Iqbal Mohammed Memon and Others

Court : Mumbai

Reported in : 1999(5)BomCR752

..... the nature of powers of the police officers empowered under section 151 of the customs act to assist the customs officers in the execution of the customs act, the apex court observed that the section did not empower the police officers to exercise the powers conferred upon the customs officers by and under the act, it only authorised and required and police officers to assist the customs officers in the exercise ..... state of maharashtra seeking to challenge the order dated 20-10-1997, passed under section 68-i of the narcotic drugs and psychotropic substances act, 1985 ( ..... ) a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are illegally acquired properties: provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person such other person also) does not appear before the competent authority or represent his ..... of detention could not be executed, a proclamation was issued by the chief metropolitan magistrate, esplanade, bombay, on 12th january 1995 under section 82 of the code of criminal procedure, 1973 to the effect that the state of maharashtra had reason to believe that the detenu had absconded or was concealing himself so that the order of ..... section (1) shall receive and manage the property in relation to which an order has been made under sub-section (1) of section 68-f or under section 68-i in such manner and subject to such conditions .....