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 .....
Tag this Judgment!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 .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2002Bom211; 2002(2)ALLMR769; 2002(3)BomCR752
..... this court has observed that the action on the part of the prohibition officer acting under the provisions of the bombay prohibition act while exercising the administrative powers can be examined by the authorities under section 137 by way of appeal and under section 138 in exercise of the powers of the revision by the state government, and therefore, the jurisdiction of ..... it is true that under section 146 of the bombay prohibition act, there is bar for a suit or proceeding against the government or against any prohibition police or other officers or against any person empowered to exercise his powers or perform function under this act for anything in good faith done or intended to be done under this act, but then that does not exclude the jurisdiction of the civil court for deciding the issue relating to dissolution of the partnership firm which fact ..... it is not the case of the applicant that under the bombay prohibition act or under rules, it is within the exclusive jurisdiction of the collector to decide the issue relating to the status of partnership firm or dissolution of the partnership firm. ..... there is no dispute that under rule 28 of the maharashtra country liquor rules 1973, it relates to transfer of licence. ..... that under rule 28 of the maharashtra country liquor rules 1973, it is within the domain of the collector to deal with the question as to the grant of permit or transfer of licence or delete the name of any partner after the licence is granted. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(2)ALLMR440; (2002)1BOMLR372; 2002(3)MhLj36
..... the petition seeks to challenge the notification issued by the 1st respondent state of maharashtra under section 105 of the bombay prohibition act, 1949 on 17th july 1987 whereby the excise duty on the country liquor manufactured from mhowra flowers amongst others came to be revised from ..... sawant drew our attention to the fact that section 114 of bombay prohibition act, 1949 has been subsequently amended with effect from 18th may 1998 and from that date if the excise duty is not paid within the due date or the prescribed period it has been made ..... sawant has brought to our notice a recent notification of the state government issued under the bombay prohibition (mhowra flowers) (prescribed limit in weight) rules, 1963 wherein under rule 2 thereof, mhowra flowers upto the limit of ..... learned counsel appearing for the 1st respondent - state government, submitted at the outset that this levy on the manufacturer imposed under section 105 of the prohibition act is passed on to the consumers. ..... these unanimous decisions of five constitution benches uniformly emphasised after a careful consideration of the problem involved that the state has the power to prohibit trades which are injurious to health and welfare of the public, that elimination and exclusion from business is inherent in the nature of liquor business, that no person has an absolute right to deal in liquor and ..... submitted that application of this, article to measures of prohibition has been specifically ruled out by the apex court .....
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)101BOMLR431
..... she also contended that breach of these rules was punishable under section 108 of the bombay prohibition act which prescribed punishment for imprisonment up to one year and fine which may extend to rs ..... judge, the offence committed by the respondent is a technical offence and since as rightly argued by counsel for the respondent, that the goods were intercepted at the border of maharashtra and goa, they were found intact and were of the quantity mentioned in the document, and the government of maharashtra was not making any claim to recover excise duty from the respondent, the order of the sessions judge is not liable to be interfered with.8. ..... also contended that it was nowhere the case of the excise department that any attempt was made by the respondent to sell the liquor any where in the state of maharashtra, and this fact was corroborated by the report of excise inspector which reveals that there were no broken seals to the containers kept in the vehicle. ..... the other hand, it was contended by the counsel for the respondent that earlier maharashtra through transport rules, 1962 were in force and under those rules there was no such prohibition of transporting goods through maharashtra from one state to another state or to obtain any t.t.p. ..... is also not the case of the excise department that after the entry of vehicle in maharashtra till its interception at insuli check post, which is on the board of maharashtra and goa, any attempt was made by the respondent to sell the liquor. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(1)BomCR192; 1999(2)MhLj465
..... issued under the maharashtra denatured spirituous preparations rules, 1963 (hereafter referred to as the rules of 1963) effected under the provisions of the bombay prohibition act, 1949 (hereafter referred to as the prohibition act). ..... includes lacquers, french polish, and varnish prepared out of such spirit or alcohol;'section 2(43) defines 'spirit' as-'2(43) 'spirit' means any liquor containing alcohol and obtained by distillation (whether it is denatured or not);'section 139 of the bombay prohibition act provides for general powers of the state government in respect of grant of licences. ..... and, therefore, unscrupulous persons who have obtained licences, under the prohibition act for use of denatured spirit, their wholesale, retail sale or for manufacture and sale of denatured spirituous preparations, sell denatured spirit or denatured spirituous preparations, at slightly lower price than the price of authorisedly manufactured ..... was done on the basis of the wireless message issued by the state government dated 29-10-1979 and consequent letter dated 31-10-1979 issued by the commissioner of prohibition and excise, maharashtra state, bombay to the district collectors. ..... learned advocate general has relied upon the wireless instructions dated 6th june, 1978 (exhibit 'b') issued by the commissioner of prohibition and excise, maharashtra state, mumbai and also the circular issued by the commissioner of prohibition and excise, maharashtra state, mumbai dated 20th september, 1980. .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(2)ALLMR149; 1999(1)BomCR305; 1999(1)MhLj473
..... the main contention raised on behalf of the petitioner is that the state of maharashtra has no powers under the constitution of india to levy excise duty on rectified spirit under the provisions of the bombay prohibition act, 1949 or the rules framed under the said act. ..... . state of gujarat (supra), the ratio of southern chemicals was followed by the supreme court while upholding the validity of section 58-a of the bombay prohibition act providing for supervisory charges of staff appointed by director of prohibition and excise to be paid by manufacturer of intoxicant, denatured spirit preparation ..... . if there is any loss of rectified spirit during transit beyond the permissible limit, rule 8 is attracted which prescribes for levy of excise duty as provided, in notification issued under sections 105 and 106 of the bombay prohibition act.21 ..... before we advert to the various decisions cited at the bar, it would be useful to refer to the provisions of the bombay prohibition act. ..... the scheme of the act, as reflected in the preamble, is that it is an act to consolidate the law relating to the promotion and enforcement of and carrying into effect the policy of the prohibition and to consolidate the abkari law in the state of bombay for the said purpose and provide for certain other purposes appearing in the act. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(4)BomCR803
..... was holding a license for manufacture of indian make foreign liquor, which is known as pll license under the provisions of bombay prohibition act, 1949 (for brevity, hereinafter, 'the act of 1949') and the maharashtra distilleries of spirit and manufacture of potable liquor rules, 1966, whereas for country liquor the relevant rules are maharashtra country liquor rules 1973 (for brevity, hereinafter, 'the rules of 1973').3. ..... decision of the government is contained in the government gazette(part iv) published on 26-2-1985, and the same is as below:'in exercise of the powers conferred by clause (a) of sub-section (1) ofsection 139 of the bombay prohibition act, 1949 (bom. ..... xxv of 1949),the government of maharashtra, from the date of publication of this orderin the official gazette, hereby prohibits the grant of licences in formc.l.i, under sub-rule (2) of rule 3 of the maharashtra country liquorrules, 1973 for the manufacture of country liquor throughout the state ..... it needs no elucidation to state that the powers are with the state government in view of section 139 of the act of 1949 and the powers of issuing license are delegated to the commissioner of state excise by rule 3(2) of the rules of 1973, in view of the earlier discussion it is clear that it does not lie in the mouth of the respondents to ..... to appreciate the merits of the arguments, it is necessary to refer to the certain provisions of the act of 1949 and the rules of 1973 framed thereunder for issuance of the license. .....
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