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 ..... 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. ..... the learned trial judge also noticed that the rules framed under the prohibition act do not permit a liquor licence to be utilised by any person other than the one to whom it is specifically ..... has stated, that the granting of a liquor licence to a partnership is not prohibited under prohibition act and the rules made thereunder. ..... 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- .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1992Bom3; 1992(2)BomCR523; 1991(2)MhLj1258
..... (a) section 143 of the bombay prohibition act, 1949 empowers the state government to frame rules for the purpose of carrying out the provisions of the bombay prohibition act, 1949 and in particular also with reference to the fixation of days on which the wine ..... be kept closed on the day or days on which poll is held in relation to any general election to the house of the people or the maharashtra legislative assembly or any local authority in the state in the constituency in which such premises are located and two days immediately before such day of poll ..... , in my opinion, the impugned order is passed by the collector not on the basis of assessment of situation by him but on the basis of directive issued by the government of maharashtra, who, in its turn, thought that the election commission had imposed an absolute ban on sale of liquor for 12 days and it was bound to issue a mandate to the collectors ..... fl.r/clr/1191/c-3 declaring that all the licence holders under the provisions of maharashtra foreign liquor rules, bombay foreign liquor rules, maharashtra toddy shops and toddy free (cutting) rules, 1968 and the holders of country liquor licence should keep their shops closed on the day ..... ' (the underlining is done to supply emphasis) (d) by the above referred wireless message, the home secretary of the government of maharashtra informed the collectors in the state that the election commission of india had imposed the ban on the sale of liquor with effect from 18th may, 1991 and the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC396; 1993CriLJ296; 1992(2)Crimes952(SC); JT1992(4)SC128; 1992(2)SCALE1; (1992)3SCC498; 1992(2)LC588(SC)
..... car there was contraband liquor in tubes which led to registration of case under the relevant provisions of bombay prohibition act, 1949 and admission of the guilt was attributed to the appellant. ..... it is obvious that the two cases under the bombay prohibition act, 1949 registered against the appellant could legitimately provide the subjective satisfaction to the detaining authority that the appellant is a 'bootlegger' but the instances afore-mentioned, spread over a time, ..... case under the bombay prohibition act was registered against the appellant and he was on bail.3-6) four residents of the locality had told the police during enquiries that the appellant was a bootlegger ..... but here the said ground too has been abandoned and the only ground to which the appellant has now shifted in his special leave petition is that acts attributed to the appellant, which furnish grounds for his detention, do not fall squarely within the activity/activities in any manner prejudicial to the maintenance of 'public order' even though ..... order' as envisaged under section 4(3) of the gujarat prevention of and social activities act, 1985, - a measure akin to the maharashtra statute afore-named. ..... petition for habeas corpus in which challenge has been made to the detention order dated 1.6.1991 effected on 21.7.1991, whereunder the appellant was detained under section 3(2) of the maharashtra prevention of dangerous activities of slumlords. ..... counsel for the state of maharashtra relied on a decision ..... maharashtra .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3240; 2003(5)ALD39(SC); 106(2003)DLT350(SC); JT2003(7)SC446; 2003(6)SCALE831; (2003)7SCC589
..... of striking down of section 12(c) and (d) and section 13(b) of the bombay prohibition act, 1949 as unreasonable under article 19(1)(f) of the constitution because total prohibition of the same would be permissible. in k.k. ..... trophy or uncured trophy] derived from such animal or salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, shall, within thirty days from the commencement of this act, declare to the chief wild life warden or the authorised officer the number and description of the animal, or article of the foregoing description under his control custody or possession and the place where such animal ..... a proposal from india and kenya, on the other hand, argues that further ivory sales from african elephants should be clearly prohibited as a precautionary measure for reducing future threats to the elephant.meanwhile, japan is seeking to open up trade in most northern hemisphere populations of mike whale ..... chapter va and section 38j)]] or any rule or order made thereunder or who commits a breach of any of the conditions of the any licence or permit granted under this act, shall be guilty of an offence against this act, and shall, on conviction, be punishable with imprisonment for a term which may extend to [three years] or with fine which may extend to [twenty-five thousand rupees] or with both: ..... 'management' occurring in maharashtra university of health sciences act, 1998. ..... of maharashtra : ..... court in state of maharashtra v. ..... maharashtra ..... maharashtra .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(2)BomCR108
..... maharashtra foreign liquor (storage and bond) rules, 1964 the director is authorised to appoint such staff at the bonded warehouse for excise supervision as he deems necessary and the cost of such staff shall be paid to the state government by the licensee as provided by an order under section 58-a of the bombay prohibition act ..... reason of such a remote circumstance as the upward revision of the pay-scales of its own employees at a latter date.21. the learned assistant government pleader tried to make a distinction between creation of liability under section 58-a of the bombay prohibition act and the quantum that would have to be paid in pursuance of that liability, but this distinction appears to us to be without any difference, because section 58-a itself spells out that the liability shall be to the ..... to justify the submission that the respondents have claimed excise duty on breakages even prior to the import of the goods, and considering the nature of the excise duty that is leviable under the provisions of the bombay prohibition act, it is impossible for us to believe that the respondents would claim duty on the breakages prior to the import, and it is not, therefore, necessary for us to deal with this contention raised by ..... . excise act, which is couched in terms similar to the first proviso to section 106(a)ombay prohibition act, 1949~^ of the bombay prohibition act, it was pointed out that the rate of duty is linked in point of time to the date of issue for sale and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(2)BomCR59; (2009)IILLJ524SC; 2009(1)SCALE523; (2009)3SCC273:2009AIRSCW1348
..... aside and for that purpose issue necessary orders;(d) hold and declare that the said demand notices are illegal, arbitrary and violative of articles 14, 19(1)(c) and 19(1)(g) of the constitution of india and section 114 of the bombay prohibition act, 1949 and further declare that the state is not entitled to charge the said interest in pursuance of the demand notices dated 20.5.2003, 10.6.2003 and 26.6.2003 and for that purpose issue necessary orders.10. ..... appellant has been granted licence for manufacturing spirit and potable liquor in terms of the provisions of the bombay prohibition act, 1949 and the rules framed thereunder. ..... 3050 of 2003, inter alia, praying for the following reliefs:(b) hold and declare that, the said maharashtra civil services (revised pay) rules, 1998 dated 11.12.1998 namely sub-section (ii) of rule (1) is not applicable to the petitioners along with circular dated 17.6.1999 and 30.7.1999 being illegal, arbitrary and violative of articles 14, 19(1)(c) and 19(1)(g) of ..... 3501 of 2000 opined as under:we are also amazed to note that in spite of the fact that the government of maharashtra by notification dated 10.12.1998 decided to implement the fifth pay commission's recommendations, the respondents did not diligently and failed to claim the supervision charges at the revised rates at least from 1.1.1999 ..... the decision of this court is since reported in government of maharashtra and ors. v. ..... of maharashtra, the supreme court had ruled in their decision on appeal no .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)ALLMR4; 2000(3)BomCR158; (2000)2BOMLR9; 2000(2)MhLj781
..... the 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. ..... 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. ..... 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. ..... 97,000/- from the petitioner as privilege fee is being claimed under rule 5 of the bombay prohibition (privileges fees) rules, 1954. ..... 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 ..... 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. ..... in the case of state of maharashtra & another v smt. ..... 352 of 1993, state of maharashtra and others v. ..... the said application made by the petitioner to the collector of bombay on 4-6-99 for transfer of the licence in her name is still pending. .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(5)BomCR91; 1999BomCR(Cri)91; 1998(3)MhLj157
..... as follows :-'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 provisions of the bombay prohibition act, 1949 and the rules and orders made thereunder, or of any other law for the time being in force or who knowingly expends or applies any money or supplies any animal, vehicle, vessel or ..... before proceeding to analyse the factual aspects of this case, it has become necessary for us to refer to the definition of 'bootlegger' as defined in section 2 sub-clause (ii) of the maharashtra prevention of dangerous activities of slumlords, bootleggers and drug-offenders act, 1981, as amended which is as follows :-in the case of a bootlegger acting in any manner prejudicial to the maintenance of public order means '(ii) in the case of a bootlegger, when he is engaged, or is making preparations for engaging, in any of his activities as ..... available in the state of maharashtra, which incidentally boasts of having a prohibition department, can be taken ..... , 1997 of detention of the petitioner under section 3(1) of the maharashtra prevention of dangerous activities of bootleggers, slumlords, drug-offenders & dangerous persons act, 1981 (m.p.d.a. ..... are prejudicial to the public order in that locality and hence satisfied as a bootlegger, detention order was passed by the 1st respondent herein as approved by the government of maharashtra, the 2nd respondent herein. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005CriLJ823; 2004(4)MhLj1001
..... 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 ..... information and liquor and glasses smelling of alcohol were seized under the spot panchanamas and the cases were accordingly registered against the detenu under the provisions of the bombay prohibition act, it was held that there was sufficient material from which the detaining authority could have arrived at the subjective satisfaction that the detenu was a bootlegger within the meaning of ..... 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 ..... 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 ..... 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 : AIR1992Bom225; 1991(1)MhLj770
..... of the bombay prohibition act, 1949 (act). 4. ..... a being an order dated 28th july, 1986 passed by the 2nd respondent, the collector of bombay, prohibition and excise department.2. ..... to take up the last point first, section 137 provides the remedy of an appeal to a person aggrieved by orders passed by any prohibition officer, collector or commissioner, in the present case, against the order of the 2nd respondent, the petitioner could have gone in appeal to the state government. ..... all that could be referred to in remote support of the so-called policy was rule 28 of the maharashtra country liquor rules, 1973, and a term of the licence under which more was doing business. ..... until then the collector saw no reason to prohibit the carrying on of the business covered by the licence standing in more's name. ..... a which is the impugned order, gives the impression of the 2nd respondent acting in consonance with the policy formulated by the state government. ..... necessary for the proposition that the trade in liquor is the prerogative of the government and that it is not subject to any curbs in the matter of regulating or restricting this trade, nonetheless, it is not immune from the responsibility to act with fairness and rationality. ..... laxman shankar more was licenced to sell country liquor in a country liquor shop situated at dhavda chawl, hingwala lane, ghatkopar, bombay-75. ..... the authorities have to act reasonably. .....
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