Court : Mumbai
Reported in : 2006(3)ALLMR322; 2006(2)BomCR740
..... the petitioner that under the law as it stands the petitioner is not required to obtain a licence from the state excise authorities under the bombay prohibition act, 1949. undoubtedly, a contracting party cannot be compelled by an authority of the state to forsake a constitutional right or principles as a condition ..... interim orders restraining the state excise authorities from insisting upon the petitioners possessing a licence for the manufacture, sale and transport of ethanol under the bombay prohibition act, 1949. hence, the condition in the tender cannot be applied to disqualify 9 the bid submitted by the petitioner. 7. several affidavits have been filed ..... respondents from requiring the petitioner and its purchasers to obtain a transport permit in form no.ds-ix or any other licence/permit under the bombay prohibition act, 1949 while ethanol/denatured spirit was delivered. the aforesaid petition has been admitted and the grant of interim relief against the state of maharashtra has been .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(3)BomCR648
..... maharashtra earlier on the same subject could have any legal efficacy in absence of publication thereof in the official gazette as required under section 139(2) of bombay prohibition act, 1949.4. it is hereby declared that the condition incorporated in the f.l. iii licence in terms of such illegal circulars pertaining to the distance between ..... on in the impugned appellate order had no legal efficacy as the same was not published in the official gazette as required by section 139(2) of bombay prohibition act, 1949.3. it is hereby declared that the prescribed condition of not granting f.l. iii licence in cases where the restaurant was situate within distance of 75 ..... circulars issued by the government of maharashtra in the month of june/july 1988 in respect of the subject matter under section 139(1)(n) of the bombay prohibition act, 1949 could have no legal efficacy as the said circulars were admittedly of a general nature and were never published in the official gazette as required by section .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(4)BomCR303; (1996)98BOMLR189
..... of the powers conferred by clause (u) of sub-section (2) of section 143 of the bombay prohibition act, 1949, and in supersession of the rules published in the notification of the commissioner of excise, bombay, no. 81-7/35, dated 29-1-1935, framed the rules called the bombay prohibition (privileges fee) rules, 1954. rule 6 of the said rules 1954 reads as under:---'6. fees .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)ALLMR33; 2008(6)MhLj436
..... deal with the orders passed under various enactments like payment of gratuity act, bombay prohibition act, maharashtra land revenue code, bombay stamp act, electricity (supply) act, 1948, indian railways act, motor vehicles act, maharashtra universities act etc.the relevant portion of section 53 of the 1998 act, reads as follows:1) there shall be a grievance committee in each ..... n. gazdar (supra). in that matter the issue was about the constitutional validity of the bombay city civil court and bombay court of small causes (enhancement of pecuniary jurisdiction and amendment) act, 1986 (maharashtra act xv of 1987) and maharashtra high court (hearing of writ petitions by division bench and abolition ..... in any case, in the light of the specific clause (4), the orders passed under the maharashtra universities act, 1994 are amenable to the jurisdiction of the learned single judge under the bombay high court, appellate side rules, 1960.5. in our considered view, the impugned order passed by the .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)ALLMR196; 2006(3)BomCR852; 2006(2)MhLj173
..... sub-rules which are not reproduced deal with the orders passed under various enactments like payment of gratuity act, bombay prohibition act, maharashtra land revenue code, bombay stamp act, electricity (supply) act, 1948, indian railways act, motor vehicles act, maharashtra universities act etc.6. in vasantadada dugdh .... sangh maryadit v. commissioner, dairy development reported at 1991 mh.l ..... before me.2. i have heard advocate khapre and advocate madkholkar. advocate madkholkar. contended that in view of provisions of chapter xvii, rule 18 of bombay high court appellate side rules, 1960 (for brevity - high court rules, hereafter) challenge to 'show cause notice' dated 30-3-2005 is not ..... respondent number three for removal of present petitioner on the ground that she has incurred disqualification under section 16(1)(i) of the 1961 act. respondent no. 3 is competent authority under said statute to take cognizance of such disqualification and to initiate action therefor. thus, said .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC1216; 2003(4)ALLMR(SC)316; JT2003(3)SC86; 2003(3)SCALE124; (2003)5SCC669; [2003]2SCR852; 2003(2)LC1427(SC)
..... that arise in these appeals are as to whether the state of maharashtra is empowered to charge from the liquor licences, under the bombay prohibition act, 1949 (hereinafter referred to as 'the prohibition act'), at whose premises government staff is posted for supervision as per the provision of section 58a, are governed by the maharashtra civil services ..... the maharashtra foreign liquor (storage and supply) regulations, 1964.11. the licensee shall abide by the condition of this licence and the provisions of the bombay prohibition act, 1949, and the rules, regulations and orders made thereunder.12. the licensee shall obey all lawful orders issued from time to time by the commissioner, ..... by the conditions of the licence in form c.l.i. that may be granted/renewed in my/our favour and the provisions of the bombay prohibition act, 1949 and the maharashtra country liquor rules, 1973 and other relevant rules, regulations and orders made thereunder from time to time.signature of the licensee/ .....
Tag this Judgment!Court : Mumbai
Reported in : 1986(1)BomCR372; (1985)87BOMLR409; 1986MhLJ829
..... the notice of motion no. 1859 of 1984 has given an elaborate judgment examining all the legal aspects of the case including the rules framed under the bombay prohibition act and has come to the conclusion, and in my opinion rightly, that the partnership agreement between the plaintiffs and the defendants does not invest any of the ..... disposal of this appeal from order may be stated. there was at the relevant time in the name of the first defendant a licence issued under the bombay prohibition act to sell country liquor. that licence was issued in the year 1975. the second defendant is the tenant of the premises in which defendant no. 1 ..... scene and has practically handed over the liquor licence to the plaintiffs. this was in effect the transfer of the licence itself which is totally prohibited by the relevant provisions of the bombay prohibition act. 5. mr. walawalkar, the learned advocate appearing in support of these two appeals, has argued that the parties have, with full knowledge and .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)ALLMR4; 2000(3)BomCR158; (2000)2BOMLR9; 2000(2)MhLj781
..... said rule of 1954 has been framed by the state government in exercise of its powers conferred by clause (u) of sub-section (2) of section 143 of bombay prohibition act, 1949. rule 5 reads thus. 'fees for transfer of a licence from one name to another.---the fee payable by any licensee for the privilege of having the transfer of ..... of the licence cl iii. the transposition of name of petitioner in place of deceased licensee leo j. carvalho is not 'transfer' as contemplated under rule 5 of the bombay prohibition (privilege pees) rules, 1954 and therefore, the demand of privilege fee from the petitioner to the tune of rs. 97,000/- is ex-facie illegal. 10. before ..... a sum of rs. 97,000/- towards privilege fee is totally illegal, wholly unjustified and contrary to the provisions of the maharashtra country liquor rule's, 1973 and the bombay prohibition (privileges fees) rules, 1954. 5. it is not disputed that leo j. carvalho was the original licensee of licence no. cl iii 50 for running the country .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1988Bom334; (1987)89BOMLR612
..... store the same in their bonded warehouse situate at tejoriwalla building, corner of grant road, bombay, in accordance with the provisions of maharashtra foreign liquor (storage in bond) rules, 1964. 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. section 105 of this act, inter alia, provides that an excise duty ..... legality of the order.4. shri singhvi, learned counsel appearing on behalf of the corporation, submitted, that section 105 of the bombay prohibition act creates a liability for payment of excise and countervailing duty and the liability arises at the point of import. section 106 of the .....
Tag this Judgment!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)
..... from the place of import.33. this rule used the words 'excise duties' as also the words 'all other incidental charges'. section 105 of the bombay prohibition act, 1949 itself talks of excise duties so as to include both excise duty as well as countervailing duty. therefore, the normal connotation of the words 'excise duties' ..... in the case of excise duty would be manufacture or production and in the case of countervailing duty, import within the state. section 106 of the bombay prohibition act, 1949 is headed 'manners of levying excise duties'. this clearly envisages administrative convenience for the point of levy in the sense of 'collection'. the charge or ..... immediate exportation makes it inapplicable for imposition of tax on goods in transit. that problem does not arise in respect of importation into greater bombay. section 105 of the bombay prohibition act, 1949 which has been set out hereinbefore read with sections 2(14), 2(20) and 2(36) makes the position clear beyond doubt that .....
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