Judgment Search Results Home > Cases Phrase: bombay prohibition act 1949 maharashtra Sorted by: recent Court: allahabad Page 2 of about 406 results (0.100 seconds)

Raisa Begum and ors. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 1995CriLJ1067

..... validity of the law itself has to be gone into or not as it would be immaterial for the purpose of the proceedings of the present nature and it will be sufficient to say that it may be that where the act of legislature directing the detention is hit by any provision or fetters in the constitution the detention may be illegal but the mere thought that an arrest will lower the person in general esteem may not justify ..... every high court, to issue, to any person or authority, including any government in appropriate cases within those territories, directions, orders or writs including writs in the nature of (i) habeas corpus, (ii) mandamus, (iii) prohibition (iv) quo warrant and (v) certiorari or any of them 'for the enforcement of (he rights conferrred by part iii and for any other purpose. ..... under article 32 or of a high court under article 226 to enforce a fundamental right arises where a fundamental right of the petitioner has been affected by an act or order or in one of the following cases: (a) where the action has been taken under a statute which is ultra-vires of the constitution. ..... be an exhaustive list where after the authority shall cease but one thing is certain that there should be a wrong or may be an expected wrong against the law and not a mere apprehension of an act which though not pleasant for an individual may not be illegal that can give rise to a cause for issuance of a writ. ..... prohibition of dowry act ..... state of maharashtra and : [1951 ..... bombay corporation : air1986sc180 and .....

Natho Mal Vs. State of U.P. and anr.

Court : Allahabad

Reported in : 1994CriLJ1919

..... the law itself has to be gone into or not as it would be immaterial for the purpose of the proceedings of the present nature and it will be sufficient to say that it may be, that, where the act of legislature directing the detention is hit by any provision or fetters in the constitution the detention may be illegal but the mere thought that an arrest will lower the person in general esteem may not justify the ..... high court, to issue, to any person or authority, including any government appropriate cases within those territories, directions, orders or writs including writs in the nature (i) habeas corpus, (ii) mandamus, (iii) prohibition (iv)quo warranto and (v)certiorari or any of them 'for the enforcement of the rights conferred by part iii and for any other purpose. ..... jurisdiction of the supreme court under article 32 or of a high court under article 226 to enforce a fundamental right arises where a fundamental right of the petitioner has been affected by an act or order in one of the following cases:a) where the action has been taken under a ' statute which is ultra vires of the constitution.b) where the statute is intra vires but the ..... state of maharashtra : [1966]3scr744 ).d) where the authority, being under an obligation to act judicially passes an order which is ..... union of india has expressed his opinion thus: (1980 cri lj 258 bombay) (para 21):'this is admittedly a stage where the prosecuting agency is still investigating the ..... bombay corporation : air1986sc180 and 0044/ .....

Mohammad Daud Alias Mohd. Saleem Vs. Superintendent of District Jail a ...

Court : Allahabad

Reported in : 1993CriLJ1358

..... the order dated 3-12-1990 of the special judge, moradabad, moradabad remanding the petitioner to custody till further orders, and in connection with the cases, both at moradabad and bombay, the non-sanction of remand on the adjourned dates between 3-12-1990 and 11-7-1991 by the special judge, moradabad, render the petitioner's detention illegal, whether the orders of the ..... to person or authority, including in appropriate cases, any government, within those territories directions, orders writs, including (writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred in part iii and for any other purpose). ..... act, the orders remanding him to custody were passed by the competent courts at bombay, charge-sheet was submitted and cognizance of the offence was also taken by the special judge city sessions court greater bombay and the petitioner was detained in custody first at bombay prison, and thereafter at the central prison nasik, all within the state of maharashtra ..... release the petitioner from detention in the district jail, moradabad and also for a writ of mandamus prohibiting the respondents from transferring the petitioner to any other jail outside the district of moradabad. ..... himself having obtained even before his acquittal in the moradabad case, an interim stay order dated 28-10-1991 from this court, prohibiting his transfer from the district jail, moradabad to any jail outside moradabad .....

Commissioner of Customs C.G.O. Vs. Sonam International Shop No.9

Court : Allahabad

..... deals with the clearance of goods for home consumption and provides that where the proper officer is satisfied that any goods entered for home consumption are not prohibited goods and the importer has paid the import duty, if any, assessed thereon and any charges payable under this act in respect of the same, the proper officer may make an order permitting clearance of the goods for home consumption. ..... in the present case, the product or goods seized were sent to maharashtra in various industries including baadar schulz laboratories as base material for preparation of animal feed supplement and admittedly, vitamin-e is used by the industries as base material along with other materials to prepare animal ..... of non-cooperation, the revenue moved an application in bombay high court for extension of time to investigate the ..... he has also submitted that once bombay high court released the goods, the matter ..... 13.in spite of specific observations made by bombay high court, various persons relating to present controversy like sri pradeep pathak, the authorised representative ..... writ petition no.6353 of 2003 in bombay high court in august, 2003 for release of the goods seized by the dri, surat ..... in the meantime, bombay high court by an order dated 6.1.2004 extended time limit for investigation ..... the bombay high court, by an order dated 13.10.2003, directed inter alia that the department will draw three samples of the seized goods; one to be given to the petitioners, the other to be sent for chemical .....

Ram Avtar and Others Vs. State of Up and Others.

Court : Allahabad

..... of air 1966 sc 619 (622) hari krishan bhargav vs union of india, wherein it has been held that "there is no prohibition against a parliament enacting in a single statute matters, which fell for the exercise of powers under two or more entries in the list ..... and considering the recommendations of the law commission, the land acquisition review committee as well as the state governments, institutions and individuals, proposals for amendment to the land acquisition act, 1894, were formulated and a bill for this purpose was introduced in the lok sabha on the 30th april, 1982. ..... ; operational incompatibility; irreconcilability or actual collision in their operation in the same territory by the act/provision or provisions of the act made by the parliament and their counter parts in a state law, are some of the ..... use of the words "as amended in its application to uttar pradesh" suggest that whenever an amendment is made in the land acquisition act either by the central legislature or the state legislature, in its application to uttar pradesh, the amendment shall automatically apply to the acquisitions made ..... under section 32 of the adhiniyum for almost two years and thereafter the order dated 7.6.2007 was passed by state government directing the collector under section 7 of the act and notification was issued on 7.6.2007 by state government exercising power under section 17(1) of the act directing the collector to take possession over the disputed land, though no award has been made. 4. .....

Commissioner of Income Tax (Central) Vs. Smt. Swapna Roy

Court : Allahabad

..... view, the proper way to construe a taxing statute, while considering a device to avoid tax, is not to ask whether the provisions should be construed literally or liberally, nor whether the transaction is not unreal and not prohibited by the statute, but whether the transaction is a device to avoid tax, and whether the transaction is such that the judicial process may accord its approval to it.73. ..... or expenditure made in a company where there is no hope of earning profit shall not be covered by the section 57(iii) of the act (laid out or expended wholly and exclusively for the purpose of making or earning such income).79. ..... accordingly, while considering a case to extend the benefit under section 57(iii) of the act, the effect of words, 'wholly and exclusively for the purpose' may not be ..... no longer res integra that while interpreting statutory provisions, each and every word of the act, every section and every chapter should be taken into account in reference to context. ..... state of maharashtra, their lordship of hon'ble supreme court ruled that court should not add or delete the words of ..... in order that an expenditure may be admissible under section 57 of the act, it is necessary that the primary motive of incurring it is directly to earn income falling under the head 'income from ..... commissioner of income tax while interpreting section 57(iii) of the act held that taxability of income is not dependent upon its destination or the manner of ..... 1993) 2 scc 386sarva shramik sangh, bombay v. .....

Noor Mohammad S/O Late Humman and ors. Vs. State of U.P. Thru Prin. Se ...

Court : Allahabad

..... for cultivation or any other purpose;(i) in contravention of any rules made in this behalf by the state government hunts, shoots, fishes, poisons water or sets traps or snares; or(j) in any area in which the elephants preservation act, 1879 (6 of 1879), is not in force, kills or catches elephants in contravention of any rules so made, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may ..... (2) nothing in this section shall be deemed to prohibit-(a) any act done by permission in writing of the forest-officer, or under any rule made by the state government; or(b) the exercise of any right continued under clause (c) of sub-section (2) of section 15, or created by grant or contract in ..... sale of such agricultural crop or other forest produce by auction or by invitation of tenders issued by or under the authority of a forest officer and all compensation awarded to the state government under this act, may, if not paid when due, be recovered, under the law for the time being in force, as if it were an arrear of land revenue.10. ..... (1) any person who(a) makes any fresh clearing prohibited by section 5, or(b) sets fire to a reserved forest, or, in contravention of any rules made by the state government in this behalf, kindles any fire, or leaves any fire burning, in such manner as to endanger such a forest; ..... (3) scc, maharashtra state judicial services ..... judicature at bombay : air 1990 ..... the case reported in : air 1953 sc 252 (state of bombay. v. .....

Jai Prakash Associates Limited Thru Rahul Kumar Vs. State of U.P. Thru ...

Court : Allahabad

..... defence to an attempt by the promisor to go to enforce his full legal rights if:(a) the promisor intended to create legal relations by his promise, that is he intended to be bound by it;(b) the promisor knew that his promise would be acted on;(c) the promisee acts on the promise or representation in such a way as to alter his position,(d) either the promisor has not given reasonable notice that he has revoked his promise or the promisee has so altered his position as not to be able ..... lord cairns observed, to quote:it is the first principle upon which all courts of equity proceed, that if parties who have entered into definite and distinct terms involving certain legal results....afterwards by their own act or with their own consent enter upon a course of negotiation which has the effect of leading one of the parties to suppose that the strict rights arising under the contract will not be enforced, or ..... 366; their lordship of hon'ble supreme court had virtually reiterated the proposition with regard to doctrine of promissory estoppel of the bombay high court in the case of dyson (supra) and observed that government is not exempted from its liability in case a representation made by it is believed and carried out by ..... the question is whether the character of an act done in face of a statutory prohibition is affected by the fact that it has been induced by a misleading assumption ..... moved an application dated 22.12.2003 to the bank of maharashtra for sanction of loan. ..... pensions (1949) 1 .....

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. .....

Basant Lal Banarasi Lal Private Limited Vs. Santosh Kumar Gupta

Court : Allahabad

Reported in : 2009(4)AWC3958

..... a registered partnership firm, registered in bombay, maharashtra and its branch was running in the ..... argument that on a composite reading of sections 11, 12 (2) and 13 of the act, it imposes a complete prohibition of letting out a building covered by the act except in pursuance of an allotment order issued by the rent control and eviction officer under section 16 of the act. ..... courts below completely ignored the aspect that the firm was the tenant in occupation prior to the advent of the act in 1972 and subsequently conversion of the firm into private limited company would not ipso facto create a legal vacancy. ..... sri naveen sinha appearing for the contesting respondent has argued that the provisions of section 12 (2) of the act would not be attracted for the reason that none other than the family members have been inducted as partner ..... case of madras bangalore transport company (supra), section 14 (1)(b) of delhi rent control act was taken into consideration and the apex court was of the view that the subsequent ..... a creation of partnership with a stranger who is not a family member as defined by the act, amounts to subletting and no further inquiry is required even if son and nephew or any other member or even closely related person who does not come within the definition of a family of section 3 (g), it ..... not be sub-letting in other states or under general law of landlord-tenant provided under chapter v, transfer of property act but in uttar pradesh those will amount to sub-letting.8. .....