Judgment Search Results Home > Cases Phrase: bombay prohibition act 1949 maharashtra Sorted by: recent Page 1 of about 24,134 results (0.089 seconds)

Vijay K. Mehta and anr. Vs. Charu K. Mehta and ors.

Court : Mumbai

Reported in : 2008(5)ALLMR366; 2009(1)BomCR179

..... the bombay port trusts act, 1879;(xx) the orders passed under ..... bombay police act;(xviii) the orders passed under the bombay shops and establishments act, 1948;(xix) the orders passed under ..... orders passed under the workmen's compensation act, 1923;(xi) the orders passed under the payment of wages act, 1936;(xii) the orders passed under the minimum wages act, 1948;(xiii) the orders passed under the bombay prohibition act, 1949;(xiv) the orders passed the maharashtra land revenue code, 1966;(xv) the orders passed under the maharashtra university act, 1994(xvi) the orders passed under the bombay stamp act, 1958;(xvii) the orders passed under the .....

Commissioner of State Excise and Ors. Vs. Maharashtra Retail Liquor De ...

Court : Mumbai

Reported in : 2003(2)ALLMR799; 2003(5)BomCR185

..... the case of the petitioners was that in contravention of the provisions of the bombay prohibition act, 1949 and the maharashtra potable liquor (periodicity and fees for grant, renewal or continuance of licence) rules, 1996 (hereinafter referred to as 'the rules'), the commissioner of state excise had increased licence fee to the extent of about 400 per cent ..... the applicants have filed the present applications/notice of motion for vacating the order dated april 4, 2002, stating that the government of maharashtra has now taken a final decision and passed an order on 7th september, 2002, reiterating its earlier decision dated january 10, 2002 that the licence fee fixed will remain in force and be effective and operative ..... it is also the stand of the state government that a cabinet sub-committee was appointed by the government of maharashtra to study and consider the representations received from the dealers in respect of increase in licence fees and was requested to submit its report to the ..... that the fees under challenge today shall be liable to the refunded in the event of the petitioners succeeding in this court.the state government shall not close the shops till 6th april, 2002.parties to act on the authenticated copy of this order.from the above order, it is clear that the court was prima facie satisfied that the matters required consideration. ..... 2012 of 2002 (maharashtra retail liquor dealers association) and several other petitioners, approached this court by filing substantive .....

Lallan Prasad Chunnilal Yadav Vs. B. Ramamurthi and ors.

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 .....

Maharashtra Wine Merchants Association and Others Etc. Vs. the State o ...

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 .....

Smt.Shantabai Baban Muluk and Another Vs. Smt.Asha Janardhan Chaskar a ...

Court : Mumbai

..... the above observations of the hon'ble supreme court have been made while construing the act of the maharashtra state, namely, the bombay prohibition act, 1949, but they seem to have no impact and the state is still not abiding ..... that revision application under section 138 of the bombay prohibition act, 1949 (act for short) challenges the order passed by the commissioner of state excise, respondent no.4, before me dated 3rd december 2009 and the order passed by the collector, pune ..... from the date of receipt of such resolution or representation, if for any reason action is not completed within a period of three months, the collector shall obtain prior permission from the commissioner of prohibition and excise as appointed under the bombay prohibition act, 1949 for extending the period. ..... of the act are seen in above perspective and in their entirety, it would be once clear that the bombay prohibition act, 1949 seeks to achieve twin objects 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, which is nothing but an measure seeking to achieve promotion and enforcement of and carrying into effect the policy of prohibition. ..... made to the impugned order, it would be advantageous to note that this is not the first occasion that this court is called upon to impress on the authorities, that the bombay prohibition act, 1949 is an enactment which achieves twin objects. in l.p.a. .....

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

Court : Mumbai Nagpur

..... the above observations of the hon'ble supreme court have been made while construing the act of the maharashtra state, namely, the bombay prohibition act, 1949, but they seem to have no impact and the state is still not abiding by the same. ..... 4 aggrieved and dissatisfied with the order of the collector, an appeal under section 137(2) of the bombay prohibition act, 1949 was filed before the appellate authority, namely, commissioner, state excise, maharashtra state. ..... further, there is no challenge to the policy of granting licence nor is there any plea that the bombay prohibition act, 1949 has been violated or its provisions have been breached in any manner. ..... according to ms.dangre, the bombay prohibition act, 1949 is not an enactment to only implement the policy of prohibition, but that act has twin objects and it is to amend and consolidate the law relating to the promotion and enforcement of and carrying into effect the policy of prohibition, so also, the abkari law in the state and while amending and consolidating the law it is also necessary to amend and consolidate the abkari law for the said purpose and for certain other purposes. ..... therefore, if the provisions of the bombay prohibition act, 1949 had been properly perused and read in their entirety, the learned single judge could not have reached the conclusion that the state has acted by giving primacy to the issuance of licences and making other object of enforcing the prohibition subservient to the prime object and purpose. .....

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

Court : Mumbai Nagpur

..... the above observations of the hon'ble supreme court have been made while construing the act of the maharashtra state, namely, the bombay prohibition act, 1949, but they seem to have no impact and the state is still not abiding by the same. ..... 4 aggrieved and dissatisfied with the order of the collector, an appeal under section 137(2) of the bombay prohibition act, 1949 was filed before the appellate authority, namely, commissioner, state excise, maharashtra state. ..... further, there is no challenge to the policy of granting licence nor is there any plea that the bombay prohibition act, 1949 has been violated or its provisions have been breached in any manner. ..... according to ms.dangre, the bombay prohibition act, 1949 is not an enactment to only implement the policy of prohibition, but that act has twin objects and it is to amend and consolidate the law relating to the promotion and enforcement of and carrying into effect the policy of prohibition, so also, the abkari law in the state and while amending and consolidating the law it is also necessary to amend and consolidate the abkari law for the said purpose and for certain other purposes. ..... therefore, if the provisions of the bombay prohibition act, 1949 had been properly perused and read in their entirety, the learned single judge could not have reached the conclusion that the state has acted by giving primacy to the issuance of licences and making other object of enforcing the prohibition subservient to the prime object and purpose .....

Deshbhakta Ratnappa Kumbhar Panchganga Sahkari Sakhar Karkhana Ltd. Vs ...

Court : Mumbai

Reported in : 2004(2)ALLMR68; 2004(2)MhLj744

..... 1 was basically concerned with compliance of provisions of the bombay prohibition act, 1949 and the provisions under maharashtra country liquor rules, 1973 while exercising the power of revision under the ..... while exercising the power of revision under section 138 of the bombay prohibition act, 1949 could not resolve civil disputes between two private parties and the respondent ..... behalf, it would be relevant to quote section 138 of the bombay prohibition act, 1949, which reads as under :--'138. ..... not have the power or authority in law at all to exercise his jurisdiction under section 138 of the bombay prohibition act, 1949 to pass such an order. ..... the cl-i licence and the third respondent had threatened to take action under section 54(1)(c) of the bombay prohibition act, 1949 against the petitioner. ..... contention of the learned counsel for the petitioner is that the preliminary requirement for the state government to exercise it's jurisdiction of any revisional power under section 138 of the bombay prohibition act, 1949 is only when there is an order passed by any authority under the act. ..... , on the issue that the state government did not have the authority at all to exercise it's power under section 138 of the bombay prohibition act, 1949, mrs. ..... have exercised such a power of revision, when there was no order passed in the above matter, which could be scrutinized and examined by the state government, exercising it's revisional power under section 138 of the bombay prohibition act, 1949.32. .....

Government of Maharashtra and Ors. Vs. Deokar's Distillery

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 ..... 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 ..... 1973, which is granted to manufacturer of country liquor:the licensee shall abide by the conditions of this licence and the provisions of the bombay prohibition act, 1949 the rules, regulations and orders made thereunder and shall given an undertaking to that effect in form cl.xx.undertaking in form cl.xx prescribed under ..... by the terms and conditions of the licence which may be granted/renewed, and the provisions of the bombay prohibition act, 1949 and the rules, regulations and orders made thereunder.sub-rule (36) of the rule 6 of the rules of 1973:6(36) a manufactory licensee shall abide by all rules, regulations and orders made from time to time under the act.in the application from c.l.a prescribed under rules 3(1) and 4(2) of the rules of 1973, for grant/renewal .....

Deputy Signal Mahila Mandal Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2003(2)ALLMR632; 2003(5)BomCR350; 2003(2)MhLj780

..... 2 commissioner erred in law in entertaining the very appeal itself, as no appeal was provided against the order passed by the collector exercising his powers under section 142 of the bombay prohibition act, 1949 read with rule 27 of the maharashtra country liquor rules, 1973. ..... this appeal appeared to have been preferred in accordance with the provisions of section 137 of the bombay prohibition act, 1949. ..... this order passed by the collector is in accordance with the provision of section 142 of bombay prohibition act, 1949.7. ..... , the court had directed the commissioner of state excise, who had exercised powers under section 137(2) of the act, while dealing with the appeal against order passed under section 142 of act, remanded the matter for fresh enquiry as according to bench at aurangabad the powers were not exercised strictly in accordance with the provision of section 142, by affording an appropriate opportunity to the petitioner in that petition ..... 4, shri jagtap, advocate appearing for the petitioner invited my attention to the order of this court passed earlier on october 10th, 2002, whereby this court has already directed the authority concerned under the act, to look into the matter and consider the case and pass appropriate orders in respect of that shop also. ..... the course of her argument stated that in one earlier unreported decision passed by the aurangabad bench of high court of judicature at bombay, in writ petition no, 4807 of 2001, in the matter of balaji anandrao durpade v. .....