Judgment Search Results Home > Cases Phrase: bombay prohibition act 1949 maharashtra Sorted by: recent Court: allahabad Page 1 of about 406 results (0.084 seconds)

Ram Chhabila Rai Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (2005)1UPLBEC331

..... it appears that after enactment of the act by the parliament certain conversation took place at various level. ..... after enactment of the reorganization act the government of india had sent a letter dated 13.9.2000 to the state of u.p. ..... after coming into force of act in the manner discussed hereunder. ..... reorganization act, 2000 (act no. ..... the act was promulgated by parliament on 25th august, 2000 and it was notified in the official gazette on 9.11.2000 which is the 'appointed day' for the purpose of bifurcation of state of u.p. ..... for reasons best known to them had proceeded ahead to obtain option from the horticulture department and settled their placement, without having a look to the statutory provisions of the act. ..... 29 of 2000) (hereinafter referred as act). .....

Ashok Pratap Singh Vs. State of Uttar Pradesh and ors.

Court : Allahabad

Reported in : (2004)2UPLBEC1909

..... deokar's distillery : [2003]2scr852 , the hon'ble supreme court while dealing with the orders passed under the bombay prohibition act, 1949, held that as the notification/circular issued under the act, 1949 and article 162 of the constitution 'had not been challenged, they were not entitled to challenge the demand notice which were merely a consequential communication ..... it is settled proposition of law that what cannot be done 'per directum is not permissible to be done per obliquum', meaning thereby, whatever is prohibited by law to be done, cannot legally be affected by an indirect and circuitous contrivance on the principle of 'quando aliquid prohibetur, prohibetur at omne per quod devenitur ad illud ..... while considering the oral prayer or application for withdrawal of a petition the court has to bear in mind that the act of the party should not be to defeat a right accrued in favour of any other person or the prayer was to over reach the ..... law prohibits to do something indirectly which is prohibited to be done ..... state of maharashtra and ..... in government of maharashtra and ors. ..... the maxim 'actus curiae neminem gravabit', which means that the act of the court shall prejudice no-one, becomes applicable in such a ..... of chester, (1824) 2 b and c 635, wherein it has been observed as under :'to carry out effectually the object of a statute, it must be considered as to defeat all attempts to do, or avoid doing in an indirect or circuitous manner that which it has prohibited or enjoined.'33. .....

V.K. Gupta Vs. Presiding Officer Central Govt. Industrial Tri. and Oth ...

Court : Allahabad

..... similarly, maharashtra restoration of lands to scheduled tribes act, 1975 vide section 9a prohibited the appearance of advocates on behalf of non-tribals in proceedings under the act. ..... state of maharashtra and another) in dealing with section 30 of the advocates act held that such a prohibition is only a restriction and is not violative of fundamental right of an advocate under article 19(1)(g) of the constitution. ..... the aforesaid decision is clearly distinguishable as under the aforesaid act a complete and absolute prohibition was placed on the right of the lawyers to appear before the land tribunal. ..... the exact controversy with regard to right of the advocates to practise law as envisaged under article 19(1)(g) and sections 30/33 of the advocates act vis-a-vis section 36(4) of the act came up for consideration before the three judges bench of the supreme court in paradip port trust ((1977) 2 supreme court cases 339 paradip port trust, paradip vs workmen). ..... state of maharashtra and others air 2012 bombay 89) is also of no assistance to the petitioner in view of the above referred decisions of the supreme court on the point. ..... in the above decision the division bench of the bombay high court ruled that section 64 of the maharashtra universities act, 1994 which excluded legal practioners from appearing before university and college tribunal is void and repugnant to section 30 of the advocates act. ..... the decision of bombay high court in mohan madhukar sudame (mohan madhukar sudame vs. .....

U.P. Cement Vetanbhogi Sahkari RIn Samiti Ltd. Vs. Official Liquidator

Court : Allahabad

Reported in : [2010]97SCL196(All)

..... view that despite the amendment in section 100a of the code of civil procedure, order passed by the single judge in appeal arising out of the order passed by clb under sections 397 and 398 of the act, appeal lay to the division bench and in that connection, the division bench invoked section 4(1) of the code of civil procedure which says that in the absence of any specific provision to the contrary, ..... the decision in a second appeal were in the exercise of 'ordinary jurisdiction', and there can be no controversy about it, then the construction of section 202 of the companies act in relation to a high court which is the primary court exercising jurisdiction under the companies act (vide section 3(1) of the act) would lead to anomalous results as judgments or decisions rendered in different types of cases though all of them are in the exercise of 'ordinary jurisdiction', are subject to different ..... 239)14.3 in view of the foregoing discussion, it is clear that even if under section 483, there was no condition prohibiting an appeal against an order of the learned single judge passed in appellate exercise of jurisdiction, the said exclusion has been now specifically provided in by the ..... attention was invited to a decision of the bombay high court in maharashtra power development corporation ltd. v. ..... specifically saves a letters patent appeal then the only way such an appeal could be excluded is by express mention in section 104(2) that a letters patent appeal is also prohibited. .....

Ajeet Singh Alias Muraha Son of Vijay Singh Vs. State of Uttar Pradesh ...

Court : Allahabad

Reported in : 2007CriLJ170

..... falsely implicated due to political rivalry, or there was omnibus involvement of all major or minor, married or unmarried female and male members of a family in a case under section 498a ipc, or the dowry prohibition act.106. ..... proving the allegations beyond reasonable doubt, in a criminal case, is not applicable in the civil proceedings which can be decided merely on the basis of the probabilities with respect to the acts complained of...where factual foundations for the offence have been laid down in the complaint, the high court should not hasten to quash criminal proceedings merely on the premise that one or two ingredients ..... the hon'ble apex court while dealing with a case of election under the provisions of maharashtra cooperative societies act, 1960, held that interim relief should be granted if so required but in a foolproof ..... we may record here that the learned advocate general on behalf of state of bombay has also given his undertaking not to take any steps against the petitioner ..... an undertaking given by the advocate general of the state of bombay not to take any step adversely affecting the petitioner.83. ..... constitution of india and the question involved therein had been as to whether the moti moree held by the petitioner and his ancestors under a grant was part of jagir within the meaning of the bombay merged territories and areas (jagir abolition) act, 1954. ..... greater bombay and ..... been reiterated in bombay dyeing & . ..... bombay ..... bombay environmental ..... ; sarva shramik sangh, bombay v. .....

Rohilkhand Cement Spun Pipes (Private) Limited Vs. Commissioner of Sal ...

Court : Allahabad

Reported in : (2008)11VST912(All)

..... but now it is well established that while interpreting the items in statute like sales tax act, resources should be had not to be scientific or technical meaning of such terms but to their popular meaning, meaning attached by those dealing in them, that is to say, to their commercial sense. ..... state of maharashtra : air1978bom119 interpreted the expression 'forest* under the entry no. ..... a full bench of bombay high court in the case of janu chandra waghmare and ors. v. ..... it has not been defined in the act and being a word of everyday use it must be construed in its popular sense, meaning and with sense which people conversant with the subect matter with which the statute is dealing would attribute to it it is to be construed as understood in ..... and fearer sales tax act, 1947 and it was held as follows: -'but this word must be construed not in any technical sense nor from the botanical point of view but as understood in common parlance. ..... and central sales tax act and carried on the business of manufacture and sale of cement pipes as well as sale of jute bags etc. ..... the applicant, a private limited company, incorporated under the indian companies act is registered under the u.p. ..... sales tax act or in the rules framed thereunder or in any notification. ..... sales tax act in as much as after cutting the trees they were removed by the purchaser. .....

Kamlesh Rai Vs. Presiding Officer, Labour Court and ors.

Court : Allahabad

Reported in : 2003(4)AWC2800; (2003)2UPLBEC1307

..... indeed, such cases do not relate to abolition of contract labour but present instances wherein the court pierced the veil and declared the correct position as a fact at the stage after employment of contract labour stood prohibited ; and (iii) where in discharge of a statutory obligation of maintaining a canteen in an establishment the principal employer availed the services of a contractor the contract labour would indeed be the employees of the ..... laid down three following principles :(i) where contract labour is engaged in or in connection with the work of an establishment and employment of contract labour is prohibited either because the industrial adjudicator/ court ordered abolition of contract labour or because the appropriate government issued notification under section 10(1) of the c.l.r.a. ..... sc 1893, wherein the supreme court after considering the entire law and a catena of judgment decided by the apex court earlier, came to the following conclusion :(i) 'in view of the provisions of section 10 of the act, it is only the appropriate government which has the authority to abolish genuine labour contract in accordance with the provisions of the said section. ..... however, under the provisions of the act, the appropriate government, if it so desires can prohibit contract labour in any process by issuing required notification, [vide delhi cloth and general mills ..... a large number of judgments, including maharashtra sugar mitts ltd. v. ..... state of bombay, air 1951 sc 313 ; shivnandan .....

Reserve Bank of India Vs. Kuber Mutual Benefits Ltd.

Court : Allahabad

Reported in : 2002(2)AWC1666b

..... against a non-banking financial company if following conditions are satisfied : (a) it is unable to pay its debt ; or (b) it has by virtue of section 45ia become disqualified to carry on the business of a non-banking financial institution ; or (c) it has been prohibited by the bank from receiving deposit by an order and such order has been in force for a period of not less than three months : or (d) its continuance is detrimental to the public interest or to the interest of depositors of the company. 4. ..... in order to find out the true state of affairs, the assets available with the company, bona /ides of its intention to pay the creditors and the injunction orders passed by the bombay high court and delhi high court, it is necessary to bring on record the entire facts, and it is also in public interest as well as depositor's interest to consider the extent of assets available and the scheme of ..... that the chairman and directors of the company were required to be present in various courts with regard to the matters of their bail, and day-to-day trial conducted bydesignated court under provisions of maharashtra protection of investors deposits act and that the directors came to know about the pendency of the winding-up petition only a few days ago. ..... that during the aforesaid period, the company has paid some of its creditors and that in the injunction matter pending before the bombay high court, a scheme has been submitted for repayment of the depositors money in instalments. .....

Modi Spg. and Wvg. Mills Co. Ltd. Vs. Nagar Palika, Modi Nagar and Ano ...

Court : Allahabad

Reported in : 1999(4)AWC3374; (1999)3UPLBEC2083

..... mittal, on the other hand, was that true it is that section 22(3) of the act which according to him applies and no relief can be claimed beyond seven years, was considered by the bombay high court and similar argument made before the bombay high court was rejected but there being no pronouncement in this regard by the supreme court in the aforementioned case the contention ..... in our opinion, the view taken by the bombay high court in regard to non-applicability of section 22(3) of the act stands approved by the supreme court when it made following observations in gram panchayat supra :'in our opinion, the high court was justified in quashing the recovery proceedings which was against the property of ..... prayer has been made to prohibit the respondents from taking any steps or proceedings in any manner in the nature of execution, distress or the like against its properties for recovery of the amount due under the aforementioned impugned order without the prior consent of the bifr under section 22(1) of the sick industrial companies (special provisions) act, 1985.2. ..... state of maharashtra and others, air ..... inasmuch as against the decision of the bombay high court in sri vallabh glass works ..... anxious consideration, we agree with the view taken by the bombay high court which stands approved by the supreme court holding non-applicability-of clause (3) of section 22 of the act.7. ..... mittal in regard to applicability of section 22(3) of the act hereinbefore and thus this writ petition is fit to .....

Darshan Kumar and Other Vs. the State of U.P. and Another

Court : Allahabad

Reported in : AIR1997All209

..... 1983 uplbec 355 : (air 1983 all 265), another division bench of this court has laid down that where a bye-law was enacted by the nagar palika, chitrakut dham, prohibiting the holding of vegetable and fruit market, that amounted to create monopoly in favour of the nagar palika and therefore, was not permissible on the language used in section 298(2){f) of the ..... if application be made within six months from such date, except on the ground that the place where the market or shopis established fails to comply with any conditions prescribed by, or under this act, or(b) cancel, suspend or refuse to renew any licence granted under such bye-law for any cause other than the failure of the licensee to comply with the conditions of the licence or with ..... was that since the petitioners carry on business of selling eggs, the restric-tion has created absolute prohibition and there-fore, such restriction cannot be imposed if a pragmatic view of the provisions contained in the ..... 1157, the supreme court came to consider the judgment of the bombay high court which had declared section 372(g) and part of section 385 of the bombay municipal corporation act as ultra vires being contrary to the fundamental right guaranteed by article ..... consequently, if the municipal board has resorted to framing of the bye-law by which prohibition of eggs in the city of rishikesh has been applied, there is nothing illegal in the aforesaid action, which notifications are fully protected by a combined reading of ..... maharashtra .....