Judgment Search Results Home > Cases Phrase: bombay abkari act 1878 maharashtra section 45 for misconduct by licensee etc Page 1 of about 2 results (0.029 seconds)

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

Court : Mumbai

Reported in : AIR1988Bom334; (1987)89BOMLR612

..... proviso to section 106 of the prohibition act prescribes that the rate of duty would be one prevalent on the date of the removal, it is likely that the countervailing duty payable may be more or less than the one prevailing on the date of import of the liquor within the limits of state of maharashtra, the learned counsel urged that as the rate of countervailing duty or its quantification is not known while entering the limits of greater bombay, it is not permissible for the octroi ..... the 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 government 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. ..... of 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

..... dagadu shetiba : air1938bom43 which dealt with the bombay abkari act. ..... 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. ..... 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 acquitted. ..... upon the goods being attached, the same were sold and by the order of conviction, the sale proceeds of rice were forfeited to government under section 517 of the criminal procedure code read with section 7(i)(a)(ii) of the essential commodities act, 1955. ..... in the instant case neither of the three accused had any authorisation for removal of rice from any part of state to any other part of the state.2. ..... 1 and 2 guilty under section 1(i)(a)(ii) of the essential 'commodities act. ..... mandrekar's contention was that for rice which was brought from outside the state, the provisions of el. ..... in the present case, on the finding of the magistrate, the accused was going to poona, and was merely passing through bombay. ..... mandrekar appearing for the petitioners, original accused nos. .....

Balukishan A. Devidaval Vs. the State of Maharashtra

Court : Mumbai

Reported in : 1975CriLJ1891

..... out 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 ..... . section 41 of the bombay abkari act, 1878 ..... . whoever is found, or is proved to have been in possession of any railway property reasonably suspected of having been stolen or unlawfully obtained shall, unless he proves that the railway property came into his possession lawfully, be punishable-(a) for the first offence, with imprisonment for a term which may extend to five years, or with fine, or with both and in the absence of special adequate reasons to be mentioned in the judgment of the court, such imprisonment shall not be less ..... . 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

..... section 6 of the abkari act permits import of liquor on payment of duties, taxes, tees and such other sums as are due to the government and section 7 thereof provides for ..... the kerala high court, however, dismissed the writ petition upholding the validity of section 17 of the kerala abkari act, 1902 on the sole ground that by reason of the notification impugned in the writ petition a regulatory fee was ..... ) per bulk litreprovided that where there is a difference of duty of excise or luxury tax as between two licence periods, such difference may be collected in respect of all stocks of indian made foreign liquor or intoxicating drugs held by licensees at the close of the former period.note: the expression 'foreign liquor (foreign made) means any liquor produced, manufactured, or blended and compounded abroad and imported into india by land, air or sea.explanation:- where ..... if they did there was no question of striking down of section 12(c) and (d) and section 13(b) of the bombay prohibition act, 1949 as unreasonable under article 19(1)(f) of the constitution because total prohibition of the same would be permissible. in ..... is interesting to note that rule 39 of the maharashtra country liquor rules, 1973 and rule 17 of the maharashta foreign liquor (sale on cash, register of sales etc. ..... 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

..... the learned counsel for the appellants submitted that the corporation has no authority to construct any road without following procedure under section 37 of the maharashtra regional town planning act (hereinafter called as mrtp act ). ..... power to make new public streets- the commissioner, when authorised by the corporation in this behalf, may at any time- (a) lay out and make a new public street ; (b) agree with any person for the making of a street for public use through the land of such person, either entirely at the expense of such person or partly at the expense of such person and partly at the expense of the corporation, and that such street shall become ..... so also the issues about the maintainability of the suit for want of section 487 of the bpmc act and as the suit involved a public interest, therefore, on the ground of the locus-standi of the appellant and the jurisdiction of the civil court, were framed on the basis of the contentions raised by the corporation ..... 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). ..... 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. ..... 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. 16. ..... the accused was alleged to have committed the offence under section 55 of the abkari act i of 1866. ..... in respect of an offence under the abkari act as the offence is under a special law and according to section 5(2), cr.p.c. ..... 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. 17. ..... union of 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. ..... in state of maharashtra v. ..... section 43 fixes the criminal liability of licensee for acts of servants. .....

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

Court : Mumbai

Reported in : 2009(6)MhLj598

..... 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 ..... the competent authority shall not entertain any claim of whatever nature from any other person who is not a licensee according to the agreement of licence.explanation - for the purposes of this section-(a) the expression 'landlord' includes a successor-on-interest who becomes the landlord of the premises as a result of death of such landlord; but does not include a tenant or a sub-tenant who has given premises ..... , the petitioner contended that the application filed by the respondent under section 24 of the maharashtra rent control act, 1999 was not maintainable and no order of eviction could have been ..... was governed by the earlier statute, then, there is nothing in the maharashtra rent control act which would permit initiation of proceedings in the case of such a licensee and therefore, the proceedings were not maintainable. ..... licensee' 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 .....

Rajpal Bhiraram Vs. the State of Maharashtra

Court : Supreme Court of India

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

..... the 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 ..... 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 evidence in that case, pointed out by this court, the order of the ..... in our opinion, therefore, when an appeal in the high court raises serious and substantial point which is prima facie arguable, it is improper for that court to dismiss it summarily without giving some indication of its view on the points raised.the court also said:we would perhaps have persuaded ourselves to go into the merits of the case as this ..... 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 the ..... of maharashtra : 1970crilj891 this court was faced with another similar order of the bombay high ..... the state of maharashtra : 1970crilj995 and challappa ..... state of maharashtra : .....

Parshuram Ramchandra Mohite and ors. Vs. State

Court : Mumbai

Reported in : 1970CriLJ1296

..... dagadu shetiba 39 bom l r 1062 : air 1938 bom 43, which dealt with the bombay abkari act. ..... 8 who was sitting 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. ..... in the instant case neither of the three accused had any authorisation for removal of rice from any part of state to any part of the state.4. ..... read with section 7 (1) (a) (ii) of the essential commodities act, 1955. ..... 1 and 2 guilty under section 7 (1) (a) (ii) of the essential commodities act. ..... upon the goods being attached, the same were sold and by the order of conviction, the sale proceeds of rice were forfeited to government under section 517 of the criminal p. c. ..... mandrekar's contention was that for rice which was brought from outside the state, the provisions of clause 12 of the said order would not apply. ..... in the present case, on the finding of the magistrate, the accused was going to poona and was merely passing through bombay. ..... mandrekar appearing for the petitioners, original accused nos, 1 and 2, contended that the petitioners had in fact not committed any offence. .....

The State of Maharashtra Vs. Iqbal Mohammed Memon and Others

Court : Mumbai

Reported in : 1999(5)BomCR752

..... however, since the order 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 detention could not be ..... this is the petition filed by the 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 (for short, 'n.d.p.s. ..... in that case, on information supplied byone tek chand dolwani to the additional custodian of evacueeproperty, the latter started proceedings under the bombay evacuees (administration of property] act, 1949 against one aboobaker.the additional custodian, after recording the statement ofaboobaker and examining the evidence produced by tek chanddolwani, held that the said aboobaker was not an evacuee ..... proclamation was, therefore, made that the detenu was required to appear before the commissioner of police, greater bombay, on any working day between the 31st and 45th day from the date of publication of the said proclamation ..... accordingly, the opinion of legal expert was obtained on 26-2-98, wherein it was advised to the anti-narcotics cell to prefer a criminal writ petition in the high court of bombay, challenging the impugned order ..... detenu was ordered to be detained in the bombay central prison, bombay. .....