Bombay Prohibition Act 1949 Maharashtra Section 134 - Judgment Search Results

Behram Khurshed Pesikaka Vs. the State of Bombay

Court : Supreme Court of India

Reported in : AIR1955SC123; (1955)57BOMLR575; 1955CriLJ215; [1955]1SCR613

for which ought to have a permit the state of bombay appealed against the acquittal order to the high court the of an offence under section 66 b of the bombay prohibition act 1949 and sentencing him to one month s rigorous liquor but liquor which was excepted by the bombay prohibition act from its operation he was of the opinion that the appellant under section 13 b of the bombay prohibition act 1949 is correct but in the circumstances it is not necessary effect the policy of prohibition in the province of bombay section 2 22 defined an intoxicant to mean any liquor section

M/s Hotel Shobha, through Its Proprietor: Shri Atul Virendrakumar Jais ...

Court : Mumbai Nagpur

of this judgment constitution of india 1950 article 21 47 bombay prohibition act 1949 section 49 138 cases referred 1 shivaji what the law enacts is a measure towards achieving total prohibition which is the ultimate goal of the welfare state as totally detrimental to public interest or that the state has acted in a manner by which the original writ petitioners have reddiar who pronounced it a red letter day 30 in 1949 west punjab took steps for the establishment of prohibition in and others 8 air 1975 sc 2092 bar council of maharashtra v s m v dabholkar and others 9 2012 1 purposes and these tenements were allotted to the economically weaker section it is contended that the tenements were allotted purely for

S.M. Mallewar and Others Vs. State of Maharashtra and Others

Court : Mumbai

Reported in : AIR1993Bom327; 2004(3)BomCR371; 1993(1)MhLj685

document the legislature of the state of bombay enacted the bombay prohibition act 1949 hereinafter referred to as the said act the meaning of section 56 1 a of the bombay prohibition act 1949 in a situation of this kind the collector action does not promote or effectuate the policy of the act or the power conferred on the government is misused for so published section 139 2 of the bombay prohibition act 1949 is also pointer in this direction i have already held state as anecessary consequence of said declaration the government of maharashtra prohibitedthe grant of licences and permits specified inthe schedule thereto prohibition of intoxicant liquor is introduced by stages and thus section 139 1 a of the bombay prohibition act confers powers

Mohan MeakIn Ltd. Vs. State of Maharashtra

Court : Mumbai

Reported in : (1993)95BOMLR49

or denatured spirituous preparation 6 under section 143 of the bombay prohibition act 1949 the state government may make rules for circular dated may 29 1979 issued by the commissioner of prohibition and excise maharashtra state bombay in connection with the write where the supreme court has considered the u p excise act of 1910 and its excise manual and has said that alia sections 105 and 106 of the bombay prohibition act 1949 as also the maharashtra foreign liquor storage in bond rules rules 3 6 7 form b w 1 clause 3 maharashtra foreign liquor storage and supply regulations 1964 reg 1 recovery further costs will be recovered when the statutory provision of section 58a is clearly to the effect that the licensees will

Mrs. Janaki R. Shetty Vs. the Collector of Bombay and ors.

Court : Mumbai

Reported in : 1993(3)BomCR648

000 to the collector of bombay and the collector of bombay authorized the petitioner to sell foreign liquors at the said march 1988 and the order passed by the commissioner of prohibition and excise dated 11th april 1988 copies whereof are at matter under section 139 1 n of the bombay prohibition act 1949 could have no legal efficacy as the said circulars administrative instruction issued under section 139 of bombay prohibition act 1949 was published in the official gazette thus the particular condition thereto none of the circulars issued by the government of maharashtra earlier on the same subject could have any legal efficacy the requirement of publication in the official gazette prescribed under section 139 2 is a mandatory requirement the learned counsel for

The State of Bombay and anr. Vs. F.N. Balsara

Court : Supreme Court of India

Reported in : (1951)53BOMLR982; (1951)IIMLJ141; [1951]2SCR682

which was issued under that section is ultra vires the bombay government but since this court has taken a different view them to be non bailable under section 121 any authorised prohibition officer or any police officer may open any package and abkari act 1886 is the same as in the bombay act of 1878 even if we exclude the american and english may 1949 and came into force on the 16th june 1949 the act consists of 148 sections with 2 schedules and abetment or commission of any of the offences punishable under section 65 or 68 of the act he may arrest such provinces v atiqa begum 1940 f c r 110 at 134 the second principle is that where there is a seeming

Usman Vs. N.T. Chinoy and anr.

Court : Gujarat

Reported in : 1971CriLJ1793; (1971)GLR210

so far as clause c of section 57 of the bombay police act 1951 is concerned it applies inter alia to therefore the habitual commission of an offence under the bombay prohibition act 1949 or the habitual attempt to commit an offence years under any of the provisions of the aforesaid prohibition acts the commissioner the district magistrate or the sub divisional magistrate habitual commission of an offence under the bombay prohibition act 1949 or the habitual attempt to commit an offence under the magistrate who proposed to take action against him under that section is satisfied on the basis of the material on record

C.R.H. Readymoney Ltd. and ors. Vs. State of Bombay

Court : Mumbai

Reported in : AIR1956Bom304

case dealt with the scope of section 31 of the bombay prohibition act 1949 it was adjudged that section 31 is as medicated wines are concerned the position under the madras prohibition law is that nobody can obtain medicated wine without a the decision of such authority the authority is bound to act on a reasonable grounds and to give its reasons for intoxicating liquor in section 6a of the bombay prohibition act 1949 is calculated to intoxicate then the meaning of word intoxicate such preparations within the definition of liquor and the prohibitory sections 12 to 17 the act was ultra vires of the

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

Court : Mumbai

Reported in : AIR1988Bom334; (1987)89BOMLR612

in bond rules 1964 the government of bombay enacted the bombay prohibition act 1949 for the purpose of amending and consolidating collection combined reading of sections 105 and 106 of bombay prohibition act 1949 effect constitution of india seventh schedule list ii state as the ease may be section 106 of the act inter alia prescribes that the duties referred to in section of sections 105 and 106 of the bombay prohibition act 1949 leaves no manner of doubt that the liability to pay incurred when the liquor was imported in the state of maharashtra 8 rule 2 7 a of the octroi rules framed pay countervailing duty is incurred in accordance with provisions of section 106 of the prohibition act only when the imported liquor

Shroff and Co. Vs. Municipal Corpn. of Greater Bombay and anr.

Court : Supreme Court of India

Reported in : (1988)3CompLJ146(SC); 1989(20)LC10(SC); 1988(38)ELT243(SC); JT1988(3)SC406; 1988(2)SCALE348; 1989Supp(1)SCC347; [1988]Supp2SCR406; [1989]72STC150(SC); 1988(2)LC738(SC)

the collection of octroi upon entry of articles into greater bombay for consumption use or sale the emphasis is upon the intent to defraud the revenue section 106 of the bombay prohibition act 1949 is headed manners of levying excise duties this duty and provides that except as otherwise provided in that act or any other law for the time being in force and export rules 1963 framed under the prohibition act of 1949 being act no xxv of 1949 of the state government to mean any place in india outside the state of maharashtra to which foreign liquor is to be sent from the act 1949 which has been set out hereinbefore read with sections 2 14 2 20 and 2 36 makes the position