Court : Gujarat
Reported in : 1970CriLJ100; (1970)11GLR47
..... with this question, the learned chief justice, speaking for the division bench, observed as follows:when the bombay abkari act, 1878 speaks of transport from one place to another it means transport from the starting point to the ultimate ..... bombay high court was then considering the provisions relating to the transportation of liquor under the bombay abkari act (bom v of 1878 ..... the word 'transport' is used in the bombay abkari act, while the word 'move' is used ..... no doubt true that the words used in the bombay abkari act and the words used in b. ..... in the bombay abkari act the word 'transport' is defined as meaning 'to move from one place to ..... comes to a place and stays there for an appreciable time--and what amounts to an appreciable time--would have to be considered in relation to the purposes of the act the court might hold that that place was the destination although it appeared that the journey was to be resumed subsequently. ..... the contravention of that rule 4 in the above order is made punishable under section 7 of the essential commodities act, 1955 (herinafter referred to as 'the act'), which provides not only for punishment of imprisonment and fine to the offender, but also for the penalty of the confiscation of the material in respect of which the offence is committed and of the receptacles or ..... that arose for consideration of the court in that case was whether it can be said that the accused in those circumstances committed an act of 'transporting' liquor from jogeshwari to bombay. .....
Tag this Judgment!Court : Gujarat
Reported in : 1981CriLJ684
..... an offence under section 43(1)(a) of the bombay abkari act, 1878 in that he transported liquor from a lower to a higher still-head duty area, namely, bombay, though the duty at his destination was ..... the time when the car carrying the 48 silver bars was intercepted by the customs authorities at the northern end of narmada bridge at broach, under section 135 of the customs act, 'without prejudice to any action that may be taken under this act, if any person, (a) is in relation to any goods in any way knowingly concerned in any fraudulent evasion or attempt at evasion of any duty chargeable thereon or of any ..... the state : air1970cal88 , a division bench of the calcutta high court held that, in the context of transport of rice which was prohibited under certain orders under the essential commodities act, transport of rice from a place in the border area to a place in the eastern zone outside the border area was not prohibited under section 4 of the rice (eastern zone) ..... stays there for an appreciable time and what amounts to an appreciable time would have to be considered in relation to the purposes of the act - the court might hold that that place was the destination although it appeared that the journey was to be resumed subsequently. ..... 'transport' and 'transported' being in the concept of a point of origin and the point of destination it is the act of carrying the goods between the definite points of origin and destination that would amount to 'transport' of goods or 'transporting .....
Tag this Judgment!Court : Gujarat
Reported in : (1962)3GLR739
..... the question that was referred to the full bench by a division bench was as follows:is an abkari officer who in the conduct of an investigation of an offence punishable under the bombay abkari act exercises the powers conferred by the code of criminal procedure 1893 upon an officer in charge of a police station for the investigation of a cognizable offence is a police officer within the meaning of section 25 of the indian evidence act?4. ..... in other words in deciding whether the excise officer under the relevant abkari act was a police officer within the meaning of section 25 of the evidence act the majority of the judges observed that the duties of prevention and detection of crime which involved the duty of holding investigation have always been regarded as marking its officers out for special treatment in so ..... came to the conclusion that the power conferred on an excise 'officer under the relevant abkari act were substantially similar to the powers conferred upon a police officer in charge of a police station for the investigation of a cognizable offence namely the powers of arrest search detention and investigation and that therefore an abkari officer in relation to an offence under the abkari act was a police officer. ..... the preamble to the act is as follows:whereas it is expedient to provide for the regulation of the village-police in the presidency of bombay it is enacted as ..... it may be stated that the powers of a police - patel are regulated by the bombay village police act no. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj103
..... they have held that the grant of licence by a properly vested authority on an erroneous interpretation of rule 13 of the abkari rules made under section 26 of the travancore-abkari act was an error of decision which cannot be corrected by a writ of mandamus. ..... 1, they had shown their willingness to consider the matter afresh and has stated that the petitioner may undertake fresh proceedings under the bombay cinema rules, 1954 for constructing a permanent cinema and make a new application to the district magistrate, rajkot for obtaining no objection ..... dealing with these two decisions, the learned judges of the kerala high court have observed that the two decisions of the bombay high court emphasised the circumstances under which mandamus is issued but with respect they differed from them in so far as they laid down the broad proposition that mandamus can be issued to achieve what is directed by ..... now it is obvious that the kerala high court could not fall in line with the principle laid down by the bombay high court as regards the proposition that mandamus can be issued to achieve what is directed by certiorari in judicial or quasi-judicial ..... the first part of this submission is that section 5(1)(a) of the bombay cinemas (regulation) act, 1953 (hereinafter referred to as 'the act') only requires substantial compliance of the rules and not strict compliance of the rules and the rules in the present case have been substantially complied with and therefore the state government and .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1972Guj103; (1972)GLR577
..... the learned advocate, appearing on behalf of the petitioners-taluqdars, that the appeal preferred by the state government against the order of the tribunal, determining the compensation under section 32-p(4) of the tenancy act consequent to the vesting of the lands in question in the state government as the compulsory sales had become ineffective, was not competent, inasmuch as the order of the tribunal determining compensation under ..... shortly stated, the facts leading to this petition are as under:-on enactment of the bombay tauqdari tenure abolition act of 1949, which came in force from 15th august, 1950, the tenure of the petitioners-taluqdars in the villages rani and ranod were abolished and ..... who are the ex-taluqdars of the villages rani and ranod in district mehsana have challenged the right of the state government to file an appeal under section 32-p(9) of the bombay tenancy and agricultural lands act, 1948, as well the order made by the opponent no. ..... . of course the definition of person in the bombay general clauses act, 1904, is subject to the contrary which can be inferred from the context ..... of the bombay general clauses act, ..... a 'person' in view of the definitions given in the bombay general clauses act, 1904, as the term 'person' is not defined in the tenancy act ..... is, whether the state government can be said to be 'a person aggrieved' by the order of the collector determining the compensation under section 32-p(4) of the bombay tenancy and agricultural lands act, 1948 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1998Guj130; (1997)3GLR2191
..... of the wakf committee under section 41 by the impugned order, least realising thereby that the remedy which was available to the licensee or person who is inducted in the premises under section 41 of the said act by resorting to sections 46 and 47 of the said act was not availed of and he being a court of very limited jurisdiction cannot open up pandora's box and cannot create a case which was not even pleaded by the deceased hasan abubakar.13. ..... , he unfortunately permitted himself to be carried away by a fact which was not even the defence of deceased hasan abubakar, having totally forgotten the scope, nature and ambit of section 41 of the said act, he proceeded to record a finding that the deceased hasan abubakar who was inducted as a licensee by the wakf committee, was in exclusive possession of the room in question and that would create a tenancy in his favour; and ..... however, the only question which is required to be answered is as to whether in proceeding under section 41 of the said act of 1882, when the licensee expires, the proceedings can be continued against legal representatives of the deceased and the division bench of the bombay high court, to which his lordship palekar, j. ..... act 5 of 1969, section 5 and bombay act 17 of 1952, section 5 (4-11-1952) ..... the learned small causes court judge was not deciding a dispute between the landlord and the tenant in which case the matter would have been covered by the bombay rents, hotel and lodging house rates control act, 1947. .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)2GLR1120
..... of the constitution of india would not lie against the order of the district judge passed in appeal under the gujarat public premises (eviction of unauthorised occupants) act, and in para 7, the court has observed that, this argument as mentioned was only for being rejected without any elaboration, because no provision is brought to ..... principal judge of the city civil court, bombay setting aside the order of eviction under the public premises (eviction of unauthorised occupants) act, 1958 should not be entertained by the high court, because there was equally efficacious remedy in the hands of the state government and that the provisions of the act did not take away the remedy of ..... division bench of the bombay high court has, while dealing with the case under the bombay agricultural debtors' relief act, has taken the view that the words, 'shall be final' in section 37 of the act do not exclude the revisional ..... bombay) 671, a division bench of the bombay high court was concerned with a matter arising out of the proceedings under the public premises (eviction of unauthorised occupants) act, 1958 and the main question under consideration was as to whether the estate officer had acted in his own cause while passing the order of eviction because the estate manager was appointed by the government under section 3(a) of the act ..... 37 of the bombay agricultural debtors' relief act, 1939, transferring execution proceedings pending before it to the debt adjustment board constituted under the act. .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)1GLR387
..... or part thereof which is within the regular line of the street should not be pulled down and the land within the said line be acquired by the commissioner.sub-section (2) of section 212 of the b.p.m.c. act permits the commissioner with approval of the standing committee to require such owner by a written notice to pull down the building or part thereon, if the owner fails to show sufficient cause to the satisfaction of ..... public street operative under any law for the time being in force in any part of the city on the day immediately preceding the appointed day shall be deemed to be a street line for the purposes of this act until a street line is prescribed by the commissioner under this clause;(b) from time to time, but subject in each case to the previous approval of the standing committee, prescribe a fresh line in substitution for any ..... reported in : [1975]1scr1 , in which the apex court while upholding the constitutional validity of the bombay municipal corporation act (iii of 1988) observed that if from the preamble and surrounding circumstances as well as the provisions of the statute, necessary guidelines could be inferred the statute will not ..... reported in : [1985]3scr614 , wherein while upholding the validity of section 54 of the bombay town planning act, 1955, the apex court observed that mere absence of corrective machinery by way of appeal would not ..... eviction notices issued by the corporation under section 213 of the bombay provincial municipal corporations act (b.p.m.c. .....
Tag this Judgment!Court : Gujarat
Reported in : (1964)0GLR31; [1964]53ITR23(Guj)
..... all that is intended to be conveyed by using this expression in section 4a(a) is that whenever a question arises for the purpose of the act whether an assessee is resident in the taxable territories in any period of twelve months, the tests laid down in the section must be applied with reference to such period and the question must bed determined on the application of ..... with reference to the previous year and of that be so, the expression 'year' in section 4a(a) must equally in the context refer to the previous year for which the question of residence of the assessee is required to be determined under the act and the tests of residence laid down in the section must be applied with reference to the previous year. 7. ..... the plain and natural meaning of these words is that whenever it is necessary to determine for the purpose of the act whether an assessee is resident within the taxable territories in any year, the tests set out in section 4a(a) must be applied with reference to the year in respect of which the question arises and if any one of those tests is ..... prior to its amendment in 1939, that an assessee could not have two different previous years for the same assessment year but that view was altered by the amendment effected by the income-tax (amendment) act, 1939, and it is now possible for an assessee to have different previous year for each separate source of income. ..... it was at one time held by the high court of bombay in commissioner of income-tax v. .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)1GLR295
..... the appellant agitated the matter under section 72, sub-section (1) of the bombay public trusts act before the city civil court. ..... 5 of 1973 under section 50-a of the bombay public trusts act, 1950. .....
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