Court : Delhi
Reported in : ILR1974Delhi265
..... 'thenext section of the act, section 57, is in the following terms: '57.if a person has been convicted (a)of an offence under chapter ii, xvi or xvii of the indian penal code (xlv of 1860), or (b)twice of an offence under section 6 or section 11 of the bombay prevention of begging act, 1959 (bombay act x of 1960) as extended to delhi, or under the suppression of immoral traffic in women and girls act, 1956 (central act 104 of 1956), or (c)thrice of an offence within a period of three years under the delhi gambling act, 1955 (delhi act ix of 1955) or under the punjab excise act, 1914, (punjab act i of 1914), as extended to delhi: thedistrict magistrate ..... by those notices they were informed the general nature of the material allegations against them and it was intimated to them that november 30, 1973 had been fixed for receiving their explanationn and of hearing them and their witnesses, if any, regarding the allegations that their movements were causing or calculated to cause alarm, danger or harm to persons or property and that there were reasonable grounds for believing that they were engaged or about to engage in the commission of offences involving force or violence ..... 157, 157a, 158, 159, 160 and 163 of the bombay police act, 1951 (bombay act xxii of 1951) as then in force in the state of maharashtra, subject to certain modifications. .....
Tag this Judgment!Court : Andhra Pradesh
..... detention issued by an order under sub-section (2) of section 3 of the act is communicated to the state government under sub-section (3) of the said section thereof the state government becomes the detaining authority, and therefore, the power under section 21 of the bombay general clauses act cannot be exercised by the said detaining authority is correct, then it has to be found out as to under which contingency section 14 of the maharashtra act ..... respect to any person that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do, make an order directing that such person ..... and (x) of a.p.forest act, 1967, rules 3 and 4 of a.p.sander wood and red sander wood transit rules, 1969, sec.29 of wild life protection act, 1972, sec.55(2) and 58 of biological diversity act, 2002, sec.120 (b) ipc r/w 149, sec.30 of indian arms act, 1959, sec.307, 353, 379 ipc r/w 34 ipc: occurred on 29.11.2014 at about 5 am at nallagutta forest area cross, on gunugachinta-yellamanda saibuilapuram road, near maremreddigaripalli, rompicherla mandal and ..... plot no.1885, indiramma colony, piler town and mandal, a2 to a8, a9 sri bukke nagendra naik, age 30 years, s/o ramja naik, rajiv colony, piler town and mandal were formed into common intention, in furtherance of their common intention in entering into seshachalam forest area, committed theft and illegal transportation of red sander logs, when ..... inquiry and must not be extraneous to the scope and .....
Tag this Judgment!Court : Mumbai Aurangabad
..... have been escaped from the mind of learned trial court, that firstly sections 4 and 5 of bombay prevention of gambling act are bailable and secondly, very cogent and overwhelming circumstances are necessary for an order directing cancellation of the bail ..... and set aside and the applicants herein are required to be directed to furnish fresh bail bonds and surety bonds to the satisfaction of the learned magistrate in respect of newly added section 420 of ipc, and on furnishing such fresh bonds, they shall be required to be directed to continue on the same bail, but simultaneously they are required to be directed to give attendance before in-charge of concerned police station as and when required to facilitate further investigation in respect of add section ..... that the applicants have misused the mobile of other persons for playing gambling and, therefore, considering the nature and gravity of the offence, it was necessary to cancel the bail granted to the applicants as custodial interrogation of the applicants was imperative and, therefore, it is submitted that the learned judicial magistrate ..... the state of maharashtra, reported at 2012 all mr (cri) 822, wherein this court has observed thus: "the considerations which are required to be taken into account at the stage of consideration of a bail application and those which are required to be examined at the time ..... entitle the respondent to insist for regular bail even if he was subsequently found to be involved in the case of murder. .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(2)BomCR92; 1991(1)MhLj458
..... the learned sessions judge on the basis of the material placed before him recorded the conclusion that the marriage between the parties was hit by the provisions of the bombay prevention of bigamous marriages act, 1946 and that consequently, the wife was disentitled from claiming any maintenance under section 125 of the code of criminal procedure. ..... conclusive evidence was led by him for purposes of establishing that she was never married to him or for purposes of establishing for that matter, that she could not have been lawfully and legally married to him by virtue of the fact that he had been legally wedded to some other person and that his earlier wife was living and that the said marriage was still subsisting on the day of the marriage with the applicant. mr. ..... the division bench had taken the view that as far as wives and children were concerned, their rights for legitimacy or for support flow from the fact that prior to the validity of the marriage being questioned, that the same did constitute a lawful marriage. ..... kulkarni placed reliance on a division bench decision of this high court reported in 1987 maharashtra law journal, page 179 : 3 m.c. ..... on an examination of the order passed by the trial magistrate, it is seen that he has evaluated the facts relating to the respective financial condition of the two parties. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... have been escaped from the mind of learned trial court, that firstly sections 4 and 5 of bombay prevention of gambling act are bailable and secondly, very cogent and overwhelming circumstances are necessary for an order directing cancellation of the bail ..... and set aside and the applicants herein are required to be directed to furnish fresh bail bonds and surety bonds to the satisfaction of the learned magistrate in respect of newly added section 420 of ipc, and on furnishing such fresh bonds, they shall be required to be directed to continue on the same bail, but simultaneously they are required to be directed to give attendance before in-charge of concerned police station as and when required to facilitate further investigation in respect of add section ..... that the applicants have misused the mobile of other persons for playing gambling and, therefore, considering the nature and gravity of the offence, it was necessary to cancel the bail granted to the applicants as custodial interrogation of the applicants was imperative and, therefore, it is submitted that the learned judicial magistrate ..... the state of maharashtra, reported at 2012 all mr (cri) 822, wherein this court has observed thus: "the considerations which are required to be taken into account at the stage of consideration of a bail application and those which are required to be examined at the time ..... entitle the respondent to insist for regular bail even if he was subsequently found to be involved in the case of murder. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom83; 1976MhLJ825
..... it would be useful to observe that the situation where more than one spouse are living would not be one of frequent occurrence among hindus who are presumed to be majority of land holders in maharashtra by reason of the bombay prevention of hindu bigamous marriages act (act no. ..... question regarding the two wives being counted as one, discussion could usefully be prefaced by the citation of the two clauses in section 4 (1) which runs as follows;'(4) (1) .....explanation: a 'family unit' means,--(a) a person and his spouse (or more than one spouse) and their minor sons and minor unmarried daughter if any; or(b) where any spouse is dead, the surviving spouse or spouses, and the minor sons and minor unmarried daughters; or(c) .....clause (c) may not be looked into. ..... in the circumstances, i feel all living spouses are to be looked upon as individual members and the benefit of section 6 of the ceiling act if any will have to be given to the family unit if thereby the number of members ..... for determination in this petition is regarding the number of members in the family falling under the definition of 'family unit' as given under section 4 (1) of the maharashtra agricultural lands (ceiling on holdings) act, 1961 as amended, (hereinafter called the new act). ..... that is because under the unamended act the return was to be filed under section 12 of the unamended act where the relevant period was 4th august, 1959, and the appointed day as per the definition in the definition in clause 2 (4) was .....
Tag this Judgment!Court : Mumbai
Reported in : (2005)107BOMLR1576
..... that it is established fact on record that malanbai is first wife of vithoba and their marriage is still subsisting and, therefore, the alleged marriage of vithoba with respondent kisnabai would be void in view of the provisions of section 5(i) of the hindu marriage act. ..... questioned the status of the applicant-wife alleging the so-called marriage referred to by the applicant wife was a void marriage by virtue of the fact that it was in contravention of the provisions of the bombay prevention of bigamous marriage act, 1946. ..... the husband for the purpose of establishing that she was never married to him or for purposes of establishing for that matter, that she could not have been lawfully and legally married to him by virtue of the fact that he had been legally wedded to some other person and that his earlier wife was living and that the said marriage was still subsisting on the day of the marriage with the applicant. ..... in this context perusal of the certified copy of voters' list of the maharashtra state assembly, 148 amgaon constituency of village bothli for the year 1984 would show that malanbai was shown as ..... section 16(3) prominently brings out the basis difference in the character of void and voidable marriages as covered respectively by sections 11 and ..... to be seen that while the legislature has considered it advisable to uphold the legitimacy of the paternity of a child born out of a void marriage, it has not extended a similar protection in respect of the mother of the child. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC4057; 2004(5)ALLMR(SC)970; 2005(1)BomCR194; JT2004(6)SC179; (2004)4MLJ67(SC); 2004(6)SCALE388; (2004)7SCC68; 2004(2)LC1449(SC)
..... the petitioners also challenge another notification dated 19th november, 2001 issued by the director for public health and preventive medicine and state food (health) authority, government of tamil nadu, under section 7(iv) of the act directing that no person shall himself or by any person on his behalf, manufacture for sale or store, sell or distribute: (i) chewing tobacco; (ii) pan masala; (iii) gutka, containing tobacco in any form or any other ingredients injurious to health, under whatever name or description in the state of tamil ..... the state of bombay, : [1955]1scr799 , were approved and the test of repugnancy was formulated thus:'repugnancy between two statutes may thus be ascertained on the basis of the following three principles (1) whether there is direct conflict between the two provisions; (2) whether parliament intended to lay down an exhaustive code in respect of the subject matter replacing the act of the state legislature; and (3) whether the law made by parliament and the law made by the state legislature occupy the ..... they have a wide network of dealers through whom their products are sold to the public at large in the state of maharashtra. ..... now, if the legislative intent to supersede the earlier law is the basis upon which the doctrine of implied repeal is founded could there be any incongruity in attributing to the later legislation the same intent which section 6 presumes where the word 'repeal' is expressly used. ..... (1959) (2) supp. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... and was responsible to, the company for the conduct of the business of the company; and (b) the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent ..... different units in any establishment or branch, different persons may be nominated under this sub-section in relation to different establishments or branches or units and the person nominated in relation to any establishment, branch or unit shall be deemed to be the person responsible in respect of such establishment, branch or unit. ..... maharashtra], there was nominee appointed under section 17 (2) of the act and the high court held that it was necessary to make specific allegations against the directors for using provision of section 17 of the act ..... lay down foundation, to make case to satisfy the requirements of provisions of section 17 (1) (a) (ii) or under section 17 (4) of the act, but, after giving evidence which can form basis, the directors will have to say about their or other's liability ..... found in the depot of the accused company from where samples were collected by the food inspector to whom notice under section 14[a] of the act was given by the food inspector and ..... fac 294 bombay high court [keki bomi dadiseth and ors. .....
Tag this Judgment!Court : Supreme Court of India
..... of section 112 of the government of india act 1915 which enjoined the high courts in calcutta, madras, and bombay to decide certain matters in the exercise of their original jurisdiction in accordance with the personal law or custom of the parties to the suit, and of the defendant, where the plaintiff and defendant are subject to different ..... sections and classes of hindus; and no hindu of whatsoever section or class shall, in any manner, be prevented, obstructed or discouraged from entering such place of public worship, or from worshipping or 82 offering prayers thereat, or performing any religious service therein, in the like manner and to the like extent as any other hindu of whatsoever section or class may so enter, worship, pray or perform: provided that in the case of a place of public worship which is a temple ..... that individuals can only achieve self-determination and fulfilment within the context of choice 157 provided by communities, or whether the constitution individuals, as constitutive units worthy of equal concern and respect.158 the distinction is crucial ..... 123 maharashtra state board of secondary and higher education v paritosh bhupeshkumar sheth, (1984) 4 scc27126 part k the object of the act is to enable the entry of all sections and classes of hindus into temples dedicated to, or for the benefit of or used by any ..... reason ..... a person who is convicted of an offence will come under articles 20 and 21 and also under article 22 so far as his arrest and .....
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