Judgment Search Results Home > Cases Phrase: bombay abkari act 1878 Court: guwahati Page 1 of about 14 results (0.049 seconds)

Balbir Singh and anr. Vs. the State

Court : Guwahati

..... 1950 fc 69 (a), the appellant had been convicted under section 14-b of the bombay abkari act 1878 for having in her possession in contravention of the act, a quantity of foreign liquor in excess of the limit permitted under a notification issued under the provisions of the act and the constitutionality of the provisions under which the notification had been issued was challenged. ..... section 14-b of the bombay abkari act was in the following terms:no person not being a licensed manufacturer or vendor of any intoxicant or hemp and no licensed vendor except as authorised by his licence shall have in his possession any quantity of any intoxicant or hemp in excess . ..... possession by any person or class of persons, either throughout the whole presidency or in any local area, or any intoxicant, either absolutely or subject to such conditions as it may prescribe.the federal court held the provisions of section 14-b of the bombay abkari act as constitutional. ..... thus the liquid containing alcohol used as medicine and toilet and toilet preparation formed a distinct category coming within the general class and thus is severable.in the present act also we have already referred to section 73 which is in similar terms as section 139 of the bombay act and thus in view of the decision in balsara's case (b), this contention of the applicant's counsel can have no force, it cannot therefore be said that the provisions of section 17 (3) are wholly .....

Hrishiraj Sharma and anr. Vs. State of Tripura and ors.

Court : Guwahati

Reported in : AIR2010Gau31

..... petition for delay in filing the said appeal which was disposed of on 7-3-2009 disallowing the appeal holding that the delay occurred for filing the appeal is not justified and as per the act, the appeal could be preferred within one month after the judgment/order passed by the district collector, but the petitioners failed to do so inasmuch as there is no provisions in the tlr and ..... the result is that the court hearing the appeal from the decree or order passed under the hindu marriage act would under section 3 of the limitation act have power to dismiss the appeal if made after the period of limitation of 30 days prescribed therefor by ..... year 2002 before the appellate authority along with an application under section 5 of the limitation act read with provisions of rule 125 of the tlr & lr rules, but the appellate authority decided the said application for condonation of delay almost after eight years on 7-3-2009 after misinterpretation of the provisions of section 94 of the tlr & lr act and thus rejecting the prayer which was wholly unjustified and unfair and denial of justice to ..... has been held that the test of a 'prescription of a period of limitation different from the period prescribed by the first schedule' as laid down in section 29(2), limitation act, 1963 is satisfied even in a case where a difference between the special law and limitation act arose by omissions to provide for a limitation to a particular proceeding under the limitation act, see canara bank, bombay v. .....

Union of India (Uoi) Vs. Assam Hard Board Ltd.

Court : Guwahati

..... that the civil courts have jurisdiction to examine cases in which the customs authority has not complied with the provisions of the statute or the officer of customs has not acted in conformity with the fundamental principles of judicial procedure or the authority has acted in violation of the fundamental principles of judicial procedure or he has made an order which is not within his competence or the statute which imposes liability is unconstitutional, or where ..... of an application under article 226 of the constitution of india and the case arose out of a liability to pay tax under the madhya bharat sales tax act and the supreme court in that case considered what is the power of a writ court to give consequential relief having found that the levy of the tax ..... was a case under sea customs act, 1878 and certain customs duty were imposed ..... in that case the court was considering the royalty being levied under the mines and minerals (regulation and development) act and in that particular case the court found that there was no special remedy provided for refund of the amount ..... the learned judge held that the benefit of section 72 of the contract act shall be available to the plaintiff and in deciding this issue the learned ..... the claim of the plaintiff for refund of the amount was rejected by the assistant collector of the customs and central excise under section 35 (sic) of the central excises and salt act, 1944, and appeal lies to the collector, central excise (appeals). ..... of bombay -1976 .....

Arun Kanungo and ors. Vs. D. PakynteIn and ors.

Court : Guwahati

..... since the above evidence collected during the enquiry was found sufficient to make out a prima facie case of commission of offence under sections 21,28 and 29 of ndps act against the accused persons, a written complaint was filed before the court of special judge (ndps) east khasi hills, shillong on 21.11.2003 and all the four accused persons were put ..... maharashtra : 1964crilj437 observed as follows:the burden resting on the accused person in such a case would not be as light as it is where a presumption is raised under section 114 of the evidence act and cannot be held to be discharged merely by reason of the fact that the explanation offered by the accused is reasonable and probable ..... would be relevant to bear in mind that section 10 of the opium act 1878 referred to above corresponded to the provisions of section 54 of the ndps act 1985 ..... may be presumed, unless and until the contrary is proved, that the accused has committed an offence under this act in respect of--(a) any narcotic drug or psychotropic substance or controlled substance;(b) any opium poppy, cannabis plant or coca plant growing on any land which he has cultivated;(c) any apparatus specially designed or any group of ..... in view the specific provision already noted above and also the fact that ndps act is a special act, we find ourselves in respectful agreement with the above view of gujarat high ..... . state of bombay reported in : air1960sc961 , it is not necessary that there should be independent corroboration of every .....

Gauranga Chandra Deb Vs. the Collector of Central Excise and Land Cust ...

Court : Guwahati

..... of the learned counsel for the petitioner was that the petitioner was not a person connected with the smuggling of the goods within the meaning of section 167(8) of the sea customs act that the offence of smuggling, if any, was completed when the goods crossed the border between east pakistan and india and that the mere possession of the goods by the petitioner is ..... sub-section (1) except upon complaint in writing made by the director of enforcement, or(b) of any offence punishable under sub-section (1a) of this section or under section 54 of the indian income-tax act, 1922, as applied by section 19 of this act, except upon complaint in writing made by the director of enforcement or any officer authorized in this behalf by the central government or the reserve bank by a general or special order:provided that where any ..... without prejudice to the provisions of section 23 or to any other provision contained in this act, the restrictions imposed by sub-sections (1) and (2) of section 8, sub-section (1) of section 12 and clause (a) of sub-section (1) of section 13 shall be deemed to have been imposed under section 19 of the sea customs act, 1878, and all the provisions of that act shall have effect accordingly, except that section 183 thereof shall have effect as if for the word ' ..... 240 of indian companies act were considered by the bombay high court in narayanlal ..... state of bombay : 1983ecr1598d(sc) that the proceedings before the customs authorities do not con-titute a 'prosecution' .....

Padmeswar Baruah and anr. Vs. State of Assam

Court : Guwahati

..... there is thus sufficient force in the contention of the learned senior government advocate that the two acts in question, namely, the opium act, 1878 and the assam act, 1947 are not totally inconsistent in the sense that the assam act operates on a wider field than that carved out by the central act. ..... defective in that they hamper the powers of the preventive officers unduly and to a greater extent than under the excise act or the dangerous drugs act.the legislature subsequently felt in 1947 that amendments brought about by the assam act, i of 1933 were not enough and so an independent bill was put up in the assembly with the following statements of objects and reasons:with a view to stamp out opium addiction from the province, limit its ..... faced with this situation, shri barua raises a constitutional point and the same is that the entire trial was void inasmuch as the relevant section, namely, section 5(a) of the assam act had stood repealed by the opium laws '(amendment) act 1957', a central enactment by which some provisions, inter alia, of the opium act, 1878, were amended. ..... state air 1960 assam 37 : 1960 cri lj 317, which had examined and upheld the validity of the assam opium act had, however, not done so after reference to the central amendment of 1957, to which indeed court's attention was not drawn ..... the central act referred to above is the opium act of 1878. ..... the amendment with which we are concerned hoi section 9 of the opium act, 1878. ..... state of bombay : [1955]1scr799 and t. .....

Md. JainulabdIn Alias Nahamacha and Etc. Vs. State of Manipur and Etc.

Court : Guwahati

..... or psychotropic substance in respect of which he has reason to believe an offence punishable under chapter iv has been committed, and, along with such drug or substance, any animal or conveyance or article liable to confiscation under this act, any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under chapter iv relating to such drug or substance;(d) detain and search any person whom he has reason ..... to such entry;(c) seize such drug or substance and all materials used in the manufacture thereof and any other article and any animal or conveyance which he has reason to believe to be liable to confiscation under this act and any document or other article which he has reason to believe may furnish evidence of the commission of any offence punishable under chapter iv relating to such drug or substance; and(d) detain and search, and, if ..... the legislature was of the view that the existing law such as opium acts of 1857 and 1878 and dangerous drugs act, 1930 and some of the local laws like assam opium prohibition act are not sufficient to deal with this problem and hence this present law has ..... state of maharashtra, 1990 cri lj 1034 (bombay), we are unable to agree with respect the law laid down that police officer is not duty bound under section 50 to inform the person that he has his right for his production before a magistrate ..... state, 1989 cri lj 430 (bombay), it was held that illegality of search under section 41 .....

Senairam Doongarmal Agency (P.) Ltd. and Others Vs. K.E. Johnson and O ...

Court : Guwahati

..... evade the payment of income-tax or would not produce the document or thing by the issue of notice or summons under section 37(1) of the act or by the making of an order under section 94 or a requisition under section 95(1), criminal procedure code.again looking into the sea customs act, 1878, we find section 172 thereof runs as follows :"any magistrate may, on application by a customs-collector, stating his belief that dutiable or prohibited ..... dues, and clothes the collector with the power to apply either of the two methods, that is to say, he may issue a warrant of arrest under section 13 of the bombay city land revenue act, 1876, against one defaulter, and keep him in detention for a period which may work out to be much longer than six months, and he may proceed against another defaulter under ..... say, that the collector might proceed under the provisions of the relevant law of the state for recovery of arrears of land revenue which in this case was section 13 of the bombay city land revenue act, 1876, under which the collector could issue a warrant against a defaulter and keep him in detention for a period much longer than six months ; or, the collector could proceed under ..... under this notification, the central government appointed a commission of inquiry consisting of there members, the chairman of which was a judge of the bombay high court, and the commission was charged with the duty of enquiring and reporting on the administration of the affairs of the various companies set .....

The State Vs. Judhabir Chetri

Court : Guwahati

..... ghose that when the legislature thought fit to say that all district magistrates and sub-divisional magistrates were competent to exercise powers under the assam opium prohibition act without empowerment in that behalf, and at the same time said that a first class magistrate must be specially empowered the legislature intended that a first class magistrate must be named before ..... their lordships of the supreme court by a majority held, though on grounds different from that which prevailed in the bombay high court, that article 13(1) only had the effect of nullifying or rendering all inconsistent existing laws ineffectual or nugatory and devoid of any legal force or binding effect only with respect ..... in this criminal revision case is, that the magistrate who tried the case, the second class magistrate of thirumangalam had not been empowered to try cases under the opium act 1 of 1878 as required by section 3 of the act. ..... the high court of bombay held that the proceeding under the indian press (emergency powers) act which were pending at the date of the commencement of the constitution was not affected, even if the act was inconsistent with the fundamental rights conferred by article 19(1)(a) and as such became void under ..... mazdooron ke khilaf nai zazish' was alleged to have been published in bombay by the petitioner as the secretary of the company. ..... bombay government prosecuted him under the indian press (emergency powers) act ..... state of bombay, a decision of their lordships of the .....

Mahboob Khan Vs. Deputy Commissioner and ors.

Court : Guwahati

..... . one of the main defences of the opposite party has been that there was no completed contract with the municipal board inasmuch as requirements under section 39, assam municipal act, were not complied with and as such, the petitioner had acquired no legal right for the specific performance of which either the petitioner could nave sued or asked for relief in a petition under article 226 ..... lah 581 (c)',--similar point came up for consideration as to the effectiveness of the order of the deputy commissioner under section 232, punjab municipal act (which seems to be almost similar with the wordings of section 291, assam municipal act) and it was held that the deputy commissioner or the commissioner could prohibit the doing of an act if it has not been already done or carried out, purporting to work under that section,--but after the resolution or order of ..... . it was held by the high court that the suspension of the resolution by the deputy commissioner under section 232 of the punjab municipal act could not affect the validity of the sanction granted and acted upon and that the circumstances were not such as would allow the committee to proceed summarily under section 172 and the notice under section 172 was held to be invalid ..... . in--'state of bombay v ..... . the learned counsel for the petitioner relied on--'commissioner of police, bombay--v .....