Court : Mumbai
Reported in : 2005CriLJ823; 2004(4)MhLj1001
..... as per the definition of 'bootlegger' given in section 2(b) of the act bootlegger means a person, who distills, manufactures, stores, transports, imports, exports, sells or distributes any liquor, intoxicating drug or other intoxicant in contravention of any provision of the bombay prohibition act, 1949 and the rules and orders made thereunder or of any other law for the time being in force. ..... in that case, cases under the provisions of the bombay prohibition act were registered on the basis of seizure of boiler which is used for distilling liquor and three drums which were smelling of liquor. ..... state of maharashtra reported in 2003 ail 406, on the basis of the seizure of bailer used for the purpose of distilling 1iquor and three drums which were smelling of liquor it was held that there was sufficient material from which inference or conclusion could be drawn by the detaining, authority that what was seised from the detenu in that case was prohibited liquor. ..... the petitioner has challenged in this petition his detention under the provisions of the maharashtra prevention of dangerous activities of slumlords, bootleggers, drug offenders and dangerous persons (amendment) act, 1996 (hereinafter referred to as 'the mpda act').2. . .....
Tag this Judgment!Court : Mumbai
Reported in : [2004(102)FLR595]; (2004)IIILLJ854Bom; 2004(3)MhLj244
..... of the said judgment would indicate that it was in the matter of bombay prohibition act, 1949. ..... by attempting to pass on the incident of upward revision of pay scales to the licensees several years after the removal of the articles from the bonded warehouse, the respondents would make it impossible for the petitioner to pass on the cost of storing the articles in the bonded warehouse to the ultimate consumer, and this clearly the respondents cannot be permitted to do because such a situation had never been anticipated by the petitioners ..... respondent pursuant to the power conferred on them under section 112 of the factories act, 1948 and in exercise of their power; under section 6 have made rules which are known as maharashtra factories rules, 1963. ..... amended rule reads as under:'every such application shall be accompanied by a treasury receipt or a cheque or by an indian postal order or an invoice for book adjustment, as the came may be, for payment of the fees prescribed for the purpose as specified by the schedule below as applicable, with effect from the 1st january, 1998. ..... the final notification was sent to the maharashtra legislature for laying on the table of the legislature ..... division bench of this court on 19.1.1999 had issued direction that respondent shall not take any action against the members of the petitioner association to enforce the demands for increased licence fees retrospectively from a date prior to 28th october, 1998, on which date the increase was notified. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001ALLMR(Cri)965; (2001)3BOMLR126; 2001(1)MhLj159
..... authority inasmuch as the detaining authority has, in fact, considered the material which is said to have been not considered and the documents in support of the said material have not been furnished.the learned advocate for the petitioner has urged that six offences referred to in para 2, 24 offences referred to in para 4 under section 66(b) of the bombay prohibition act and 24 instances referred to in para 5 of the grounds of detention, though stated to be not considered, have actually been considered ..... offencethe petitioner could not be dubbed as habitual dangerous person; that though the cases referred in grounds 1 to 4 are said to have been not considered, yet the same have crept into the formation of opinion for the purpose of detention; that on the strength of cases relating to violation of provisions of the bombay prohibition act, the petitioner could not be classified as 'dangerous person' nor 24 offences referred to in the grounds of detention committed by others would have any bearing whatsoever ..... the petitioner has been detained under the maharashtra prevention of dangerous activities of slumlords. ..... state of maharashtra, ; kamleshkumar patel v. ..... state of maharashtra and ors. ..... state of maharashtra & ors. ..... state of maharashtra & ors.,.7. ..... state of maharashtra, and sunil ishwarlal bhagat v. ..... state of maharashtra & anr.,. ..... state of maharashtra and ors.,. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1962Bom229; (1962)64BOMLR303; ILR1962Bom472
..... section 12 of the bombay prohibition act, in so far as is material, provides that no person shall manufacture liquor or possess liquor. ..... the sole question which arises for our determination is whether it is established that the liquid described as 'angurasava' is 'intoxicant', the possession of which is prohibited under the bombay prohibition act. ..... in our opinion, therefore, the learned additional sessions judge was justified in acquitting the accused on the ground that the prosecution had failed to prove that the liquid found in possession of the accused was prohibited liquor within the meaning of the bombay prohibition act. ..... as we have observed earlier, this burden the prosecution has failed to discharge in the present case and we must therefore, hold that the prosecution has failed to establish that the substance seized from the respondent is prohibited liquor within the meaning of the bombay prohibition act. ..... applying the test laid down by the supreme court, it seems to us impossible to come to the conclusion that either the burden of establishing that the liquid which was found in his possession was unfit for use as intoxicating liquor was on the respondent or that, as a matter of fact, 'angurasava' contained such a percentage of alcohol that taken in a normal does in which it would normally be taken, it was capable of being used as intoxicating liquor. ..... by this appeal, the state of maharashtra challenged the order of acquittal in so far as it concerns the respondent. .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)1GLR38
..... was submitted before us by the petitioners that if they are required to engage staff, then, as per the decision of the apex court and in consonance with the provisions of section 58a of the bombay prohibition act, 1949 the manufacturers are duty-bound to pay the amount, and in fact, they are paying that amount. ..... government issued the notification, which has been published in gujarat government gazette part iv-b, on 21st december, 1990 in exercise of the powers conferred by clause (u) of sub-section (2) of section 143 of the bombay prohibition act, 1949, to amend the bombay denatured spirit rules, 1959. ..... 1991, the petitioners have challenged the rules made in exercise of power conferred by clause (u) of sub-section (2) of section 143 of the bombay prohibition act, 1949 read with the proviso to sub-section (3) of the said section 143. ..... of gujarat, 1992 (2) scc 42, the validity of demand under section 58a of the bombay prohibition act for maintenance of the excise staff for supervision of the manufacture of industrial alcohol was the subject-matter ..... the affidavit, which we have indicated in detail, it is very clear that, in fact, amount is not collected for the purpose indicated in section 58a of the bombay prohibition act and the respondents have produced no material on the record to show that additional services are rendered by the state. ..... view to justify the claim, the deponent has further stated that the state of maharashtra also collect administrative charges at the rate of 20 ps. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2002CriLJ2836
..... that case, a police officer authorised under the bombay prohibition act to seize smuggled ganja, prepared a false panchnama and a false report as regards the seizure of the ganja and it was held by this court that the provisions of section 161(1) of the bombay police act were applicable. ..... being grounded upon corruption, to which the office is as a shadow and colour.in stroud's judicial dictionary, 3rd edition, we find the following at page 521 :colour, 'colour of office' is always taken in the worst part, and signifies an act evil done by the countenance of an office, and it bears a dissembling face of the right of the office, whereas the office, is but a veil to the falsehood, and the thing is grounded upon vide, and the office is as ..... director general of police agreed with the conclusion of the investigating police officer and found that accused were required to be sent up for trial for having committed offence punishable under sections 302, 109, 342, 330 and 193, rpc also. ..... the deceased sheer singh son of the complainant, had been arrested and kept in the police custody from january 4, 1990 to january 15, 1990, during which period he was tortured and severely beaten up as a result of which he died on january 15, ..... of expression 'act done under the colour of office', again fell for the consideration of their lordships in 'state of maharashtra v. ..... proposition laid down in 'state of maharashtra v. ..... aside the judgment of the high court, the supreme court in 'state of maharashtra v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)ALLMR730; 2008(3)MhLj902
..... defendant/government and requested to vacate the premises mainly on two grounds, firstly, the plaintiff wanted to commence private coaching classes in the suit premise and, therefore, she reasonably and bonafide required these premises for personal use by running coaching classes and secondly, since 1975 the government had not paid arrears of permitted increase in outgoings and on this count, she also claimed an amount of rs. 1,08,000/- ..... had noted that the government had paid rent from time to time and, therefore, in view of the provisions of section 12 of the bombay rent act, the decree for eviction could not be passed on that ground ..... . section 12(3) of the bombay rent act provides that no decree for eviction shall be passed by the court in any suit for recovery of possession on the ground of arrears of standard rent and permitted increases if, on the first day of hearing of the suit or on or before such other date as the court may fix, the tenant pays ..... . the appellate court also maintained the order passed by the trial court to hold an enquiry for mesne profits under section 20, rule 12 of the code of civil procedure from the date of decree till recovery of ..... view of amendment in the bombay rents, hotel and lodging house rates (control) act, 1947 (in brief bombay rent act) in 1973 , the government of maharashtra had become the tenant of ..... law does not prohibit to open such coaching classes for imparting education to the students, who need private coaching for improvement in .....
Tag this Judgment!Court : Mumbai
Reported in : (1961)63BOMLR749
..... phadke urged that considering the provisions of section 65, of the bombay prohibition act, 1949, these convictions cannot be taken into account for the purpose of the application of sub-clauses (ii) and (iii) thereof, which prescribed enhanced penalties for a second offence and a third and subsequent offences. ..... all that section 1949(1), proviso (c), intended to provide for was that previous convictions under any act repealed by the bombay prohibition act, 1949, should not be affected or be deemed set aside because of the enactment of the new act and nothing more.5. ..... & berar prohibition act which runs as follows:if any person, after having been previously convicted of an offence punishable under sections 6, 7, 8, 9, 10, 11 or 12 or under similar provisions in any enactment repealed by this act, is subsequently convicted of an offence punishable under any of these sections, he shall be liable to twice the punishment which might be imposed on a first conviction under this act: (italics are mine).it is of some significance that the legislature there has expressly provided that for previous convictions under similar provisions in any enactment repealed by that act, an enhanced penalty ..... so far as the definition in the general clauses act is concerned, it is as follows:in this act, and in all bombay acts or maharashtra acts made after the commencement of this act, unless there is anything repugnant in the subject or context-... .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)ALLMR157; 2007(3)BomCR761; 2007(1)MhLj635
..... it is the case of the respondents that the said employees were charge-sheeted before the learned judicial magistrate first class, ramtek in criminal cases filed against them under section 85(1) of the bombay prohibition act and on pleading guilty they were sentenced to suffer an imprisonment till rising of the court and to pay a fine of rs. ..... 's case the management was given the right to adduce evidence to justify its domestic enquiry only if it had reserved its right to do so in the application made by it under section 33 of the industrial disputes act, 1947 or in the objection that the management had to file to the reference made under section 10 of the act, meaning thereby the management had to exercise its right of lending fresh evidence at the first available opportunity and not at any time thereafter during the ..... but when the question arises in a reference under section 10 of the act after the workman had been punished pursuant to a finding of guilt recorded against him in the domestic enquiry there is no question of the management filing any application for permission to lead further evidence in support of the charge or charges framed against the workman, for the defect in the domestic enquiry is pointed out by the workman in his written claim statement filed in the labour court or industrial tribunal after ..... 1 and 2 for framing and deciding the preliminary issue regarding the applicability of the model standing orders, vis-a-vis maharashtra civil services rules. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(1)MPHT383
..... iv of 1887), or under the bombay prohibition act, 1949 (bom. ..... this court finds it proper to mention at this juncture that the rajya suraksha adhiniyam has been amended and the conviction for three times within a period of three years under section 4-a of the public gambling act has also been made a ground for externment vide notification in the extra-ordinary gazette of madhya pradesh dated 5-9-2006. ..... but penal statutes which create disabilities or statutes which create no new punishment but authorize some action based on past conduct may be interpreted retrospectively when there is a clear intendment that they are to be applied to past events.it was further observed in paragraphs 7 and 8 that-an act designed to protect the public against acts of a harmful character may be construed retrospectively, if the language admits of such an interpretation, even though it may equally have a prospective meaning.and while observing ..... 556 and approved by the supreme court in state of bombay (now maharashtra) v. ..... to believe that such person is likely again to engage himself in the commission of an offence similar to that for which he was convicted, may direct such person to remove himself outside the area within the local limits of his jurisdiction, by such route and within such time as the said officer may prescribe and not to enter or return to the area from which he was directed to remove himself.were pleased to observe in paragraph 6 of state of bombay (now maharashtra) v. .....
Tag this Judgment!