Court : Mumbai
Reported in : 2006(3)ALLMR322; 2006(2)BomCR740
..... the petitioner applied for a licence under the bombay prohibition act, 1949 on 17th february 2003. ..... according to the petitioners, this court has passed 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. ..... on 20th april 2004, a division bench of this court issued an interim direction restraining the state of maharashtra inter alia from requiring the petitioner to possess a licence for manufacturing ethanol under the state prohibition act. ..... on 21st february 2005, the supreme court dismissed the special leave petition with the following directions: in view of the fact that we have dismissed an earlier petition filed by the state of maharashtra arising out of the very same writ petition from which this impugned order, we find no merit to entertain this petition. ..... the interim order of this court dated 20th april 2004 was carried in appeal by the state of maharashtra to the supreme court in a petition under article 136 of the constitution. ..... the aforesaid petition has been admitted and the grant of interim relief against the state of maharashtra has been continued. ..... . the state of maharashtra has placed before the court the view of prof. s.s ..... in maharashtra, out of 52 bidders, 37 bids have been found to be technically qualified while in gujarat 15 out of 20 bids were found to be technically qualified. .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(3)BomCR648
..... the learned counsel for the petitioner has further submitted that in any event the said circular dated 4th september, 1987 or even the subsequent 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 139(2) of the said act. ..... the petitioner has further contended that the condition of distance between the restaurant on the one hand and religious or educational institution on the other hand could have been prescribed by the government of maharashtra only in exercise of its rule making power under section 143 of the bombay prohibition act, 1949 and not otherwise. ..... . none of the circulars issued by the government of 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 ..... illegal circulars pertaining to the distance between the concerned restaurant on the one hand and the concerned religious or educational institution on the other hand could have no legal efficacy until a rule was framed amending rule 45 of bombay foreign liquor rules or the administrative instruction issued under section 139 of bombay prohibition act, 1949 was published in the official gazette .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(4)BomCR303; (1996)98BOMLR189
..... in exercise 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. ..... the applicant is required to deposit the special fee for withdrawal of partner or admission of new partner, the relevant date for deposit of such fee would not be the date of application but rather the date on which the permission was granted, and since the permission was granted on 17-4-1993, and by that time the maharashtra country liquor rules, 1973 were amended by the maharashtra country liquor (amendment) rules, 1993, the claim of ..... the respondents for deposit of the fee in accordance with the amended ..... 10,75,000/- is sought by the respondent on the basis of amendment made in the maharashtra country liquor rules, 1973 which was amended on 16-3-1993 by the maharashtra country liquor (amendment) rules, 1993 and since the application for amendment in the licences was made on 2-3-1993 and the aforesaid amendment is prospective, the respondents are not entitled to the deficient fee claimed in the .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)ALLMR33; 2008(6)MhLj436
..... the clauses 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.the relevant portion of section 53 of the 1998 act, reads as follows:1) there shall be a grievance committee in each university to deal with the grievance of teachers and other employees of the university, colleges, institutions and recognised institutions and to hear and ..... settle grievances as far as may be practicable within six months, and the committee shall make a report to the management council.2) it shall be lawful for ..... ...as indicated in paragraph 18 of this judgment, it is open to the state of maharashtra to take necessary steps to amend section 3 of the 1986 act for providing an appeal.93. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)ALLMR196; 2006(3)BomCR852; 2006(2)MhLj173
..... the 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. ..... 3 herein, under section 16(l)(i) of maharashtra zilla parishad and panchayat samiti act, 1961 (hereinafter referred to as '1961 act'). ..... this amendment sub-rule (12) was in fact sub-rule (11) and it read as 'the decisions given in proceedings in respect of disputes under section 91 of maharashtra co-operative societies act'. ..... the hon'ble division bench found that the amendment deleted the words 'under section 91' and hence the scope of amended sub-rule (12) was wider than the earlier sub ..... entire rule contains about 44 different heads and its portion relevant for present adjudication reads :--notwithstanding anything contend in rules 1, 4 and 17 of this chapter, applications under article 226 or under article 227 of the constitution (or applications styled as applications under article 227 of the constitution read with article 226 of the constitution) arising out of--(1) the orders passed by the maharashtra revenue tribunal under any enactment. ..... it is further apparent that applicants in civil application 3465/2005 made application to 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. .....
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)
..... the common questions 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 (revised pay) rules, 1988 and other rules, resolutions made by the state government under the power vested in it by the proviso to article 309 of the constitution to fix the ..... pay and other allowances of its employees, for levy and recovery of the cost of supervision ..... 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/applicant'9. .....
Tag this Judgment!Court : Mumbai
Reported in : 1986(1)BomCR372; (1985)87BOMLR409; 1986MhLJ829
..... 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 plaintiffs with any right or interest in the liquor ..... is illegal because such a licence cannot be utilised except in the manner in which it is permitted by the bombay prohibition act and the rules made thereunder. 7. ..... was at the relevant time in the name of the first defendant a licence issued under the bombay prohibition act to sell country liquor. ..... was in effect the transfer of the licence itself which is totally prohibited by the relevant provisions of the bombay prohibition act. 5. mr. ..... rule 7(1) of the maharashtra country liquor rules of 1973 specifically states that the licensee shall carry on the business of the shop either personally or by agents or servants duly authorised by him in this behalf by written nokarnama in the prescribed form which is signed by the licensee and countersigned by a prohibition and excise officer not lower in rank than a sub- ..... a partnership agreement between some persons and the licensee under which the licensee permits the partners to carry on the business of selling country liquor, it is crystal clear that such an agreement is illegal because the consideration for such an agreement is unlawful within meaning of section 23 of the contract act. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)ALLMR4; 2000(3)BomCR158; (2000)2BOMLR9; 2000(2)MhLj781
..... 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 of the bombay prohibition (privileges fees) rules, 1954 reads as under:- 'the fee payable by any licensee, for the privilege of having the transfer of his licence from one name to another shall be the same as the fee chargeable for the grant of renewal or ..... licensee or one of the joint licensee dies and in his or her place, the legal representative or heir prays for insertion of his or her name in place of deceased licensee, such transposition of name or insertion of name in the licence on the death of the deceased licensee, this cannot be said to be a transfer of licence strictly speaking and, therefore, would not be covered under rule 5 of the bombay prohibition (privilege fees) rules, 1954. ..... 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. ..... application made by the petitioner to the collector of bombay on 4-6-99 for transfer of the licence in her name is still ..... a perusal of the said rule would show that the fee for transfer of a licence from one name to the other is payable by any licensee for the privilege of having the transfer of his licence from one name to the other and it is same as chargeable for the grant of a licence or renewal of the licence or continuance .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(5)BomCR382; 2000CriLJ1008
..... has identified the detenu as bootlegger engaged in procuring, storing and selling illicit liquor for the purpose of consumption of public in the room near samson hotel, wadala sewree cross road, mumbai in contravention of the provisions of bombay prohibition act, 1949 and to facilitate his bootlegging activities, the detenu was also causing and calculated to cause harm, alarm, danger and a feeling of insecurity amongst a section of public in the said area and a grave; widespread danger to the life of ..... marg police station registered an offence under section 66(i)(b) r/w section 81 of the bombay prohibition act, 1949 against the detenu and his associates vide p.c.r. no. ..... marg police station registered an offence under section 66(i)(b), 65(e), 68 and 81 of the bombay prohibition act, 1949 vide p.c.r. no. ..... liquor. but as pointed out by learned additional public prosecutor the said offences are coming within the purview of provisions of maharashtra sic bombay prohibition act and therefore, the concerned police officer who conducted raid can or is entitled to take proper proceedings against the detenu and his associates, as the clamping of the detention order is preventive one and ..... all aforesaid persons found at the place of offence were arrested in the said case and then the consumer were sent to ..... witness came to know that the detenu kept the tyre tubes in his shop as police were about to search the detenu's place. ..... on search the following contraband articles and cash were found in the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1988Bom334; (1987)89BOMLR612
..... 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 ..... section 106 of the prohibition act prescribes that the rate of duty would be one prevalent on the date of the removal, it is likely that the countervailing duty payable may be more or less than the one prevailing on the date of import of the liquor within the limits of state of maharashtra, the learned counsel urged that as the rate of countervailing duty or its quantification is not known while entering the limits of greater bombay, it is not permissible for ..... the liability to pay countervailing duty arises as soon as the imported liquor enters the state of maharashtra, and what section 106 of the prohibition act prescribes is that the collection of duty is deferred till the date of removal of the ..... expenses which the importer is bound to incur before the article can be brought within the limits of greater bombay, and therefore, the countervailing duty which the importer was liable to pay right from the enactment of sections 105 and 106 of the prohibition act must form and constitute a part of value of the article, and therefore, the submission that countervailing duty ..... 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 .....
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