Court : Supreme Court of India
Reported in : AIR1978SC1457; (1978)3SCC558; [1979]1SCR122
..... of the condition of the licence or on the ground that the rules in pursuance of which such conditions were framed were themselves beyond the rule-making power of the authority concerned.the provisions of the punjab excise act, 1914, like the provisions of similar acts in force in other states, reflect the nature and the width of the power in the matter of liquor licensing. ..... an exercise of the police power going beyond these basic limits is not constitutionally permissible.noxious use theory : this theory upholds as valid any regulation of the use of property, even to the point of total destruction of value, so long as the use prohibited is harmful to others south western law journal-annual survey of texas law, vol. 30 no. ..... we leave open the question as to whether prohibition of the number of days and the number of hours, if it reaches a point of substantial destruction of the right to vend, will be valid, since that question arises in other writ petitions; (c) the exercise of the power to regulate, including to direct closure for some days every week, being reasonable and calculated to produce temperance and promote social welfare, cannot be invalidated on the imaginary possibility of misuse. ..... nothing has been made out to hold that the r-adjustment of the hour of beer-bidding is unrelated to the statutory guidelines or destructive of the business. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1970Bom134; (1969)71BOMLR470; 1970CriLJ455
..... reads:3 (b): 'drug' includes --(i) all medicines for internal or external use of human beings or animals and all substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of disease in human beings or animals;(ii) such substances (other than food) intended to affect the structure or any function of the human body or intended to be used for the destruction of vermin or insects which cause disease in human beings or animals, as may he specified from time to rime by the ..... but he denied that the substance which he was manufacturing or selling was intended to be used for the destruction of vermin or insects which cause disease in human beings or animals as mentioned in a notification of the government, of india ..... the finding of the learned magistrate was not right firstly because the report of the public analyst did not mention the protocol test and secondly because the substance manufactured, stocked and sold by the accused was not for medicinal use and the learned magistrate erred in relying on the report and in holding in spite of what was mentioned in the label that the d. ..... used with a sprayer for the control of horticultural and household pests other than those that cause disease in human beings ..... in this appeal filed by prabhudas kalyanji adhia against his conviction under section 18(c) read with section 27 of the drugs and cosmetics act, 1940, for manufacturing, stocking and selling on july 15, 1966 the substance which he described as 'd. d. t. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR3710; 2005(4)KarLJ481
..... any buildings in respect of the lands mentioned in the impugned notifications without obtaining the sanction of either the metropolitan planning committee or district planning committee as provided under sections 503-a and 503-b of kmc act and sections 309 and 310 of the karnataka panchayat raj act;(iv) the deputy commissioners and/or tahsildars who are authorised to pass conversion orders are directed to be more careful while exercising the powers under section 95 of the karnataka land revenue ..... 'constitutional limitations' (eighth edition, volume i) at page 382 under the heading 'consequences if a statute is void' says:'when a statute is adjudged to be unconstitutional, it is as if it had never been in toto is true also as to any part of an act which is found to be unconstitutional, and which, consequently, is to be regarded as having never, at any time, been possessed of any legal force'.in rottschaefer on constitutional law, must to the same effect is stated at page 34:'the legal status of a legislative provision insofar as its application involves ..... whole community over an individual citizen but is applicable only in those cases where private property is wanted for public use, or demanded by the public welfare for public use, or demanded by the public welfare and that no instance is known in which it has been taken for the mere purpose of raising a revenue by sale or otherwise and the exercise of such a power is utterly destructive of individual right. ..... shields, (1914) ac 808 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2003(10)SC485; 2003(10)SCALE202; (2004)11SCC26
..... in respect of all stocks of indian made foreign liquor or intoxicating drugs held by licensees at the close of the former period.note: the expression 'foreign liquor (foreign made) means any liquor produced, manufactured, or blended and compounded abroad and imported into india by land, air or sea.explanation:- where any liquor is chargeable with duty at a rate depending on the value of the liquor, such value shall be the value at which the kerala state beverages ..... observed:(a) there cannot be a business in crime;(b) what is res-extra commercial would be trade or business in liquor when it is completely prohibited;(c) the state can create a monopoly to do the business itself or through an agency in terms of article 19(6) or otherwise;(d) restrictions and limitations on the trade or business in potable liquor can be both under article 19(6) or otherwise;(e) when the state permits trade or business in the potable liquor with or without limitation, the citizen has the right to carry on trade ..... it could seek to limit congressional power through a highly sensitive test for measuring the existence of 'substantial effects on commerce,' but the interconnectedness of our society and the fact that every act has 'economic' consequences combine to suggest that, with respect to almost any activity, one could make a strong argument that its repetition all over the country probably will substantially affect commerce. ..... this evolved primarily because states had waged destructive wars on each other. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)ALLMR678; 2007(5)BomCR77; 2007(5)MhLj297
..... the high court may not only give suitable directions so as to guide the subordinate court as to the manner in which it would act or proceed thereafter or afresh, the high court may in appropriate cases itself make an order in supersession or substitution of the order of the subordinate court as the court should have made in the facts and circumstances of the case.in my opinion, exercise of jurisdiction by me is fully justified in the light of the above pronouncements of law made by the apex ..... appeals : (1) an appeal against an order or award of the collector shall lie to the maharashtra revenue tribunal in the following cases:(1) an order under sub-sections (2) and (3) of section 13 [not being an order under which a true and correct return complete in all particulars is required to be furnished];(2) a declaration [or any part thereof] under section 21;[(2a) an order under section 21-a;](3) an award under section 25;(4) an order refusing sanction to transfer or divide land under section 29;(5) an order of forfeiture under ..... code of civil procedure is without any substance, as much time has lapsed, possession of suit land is with mhada, the impugned judgment is vitiated by fraud which came to be unearthed for the first time in the year 2004 and the civil court has acted without jurisdiction and beyond its bounds in unholy haste by completing the entire exercise only in one day. ..... in my opinion, if such a course is allowed the same would be destructive of rule of law. .....
Tag this Judgment!Court : Delhi
Reported in : 130(2006)DLT553
..... before we part with this case, we feel it our duty to say that the executive action taken in this case by the state and its officers is destructive of the basic principle of the rule of law'.therefore, there is no question in the present case of the government thinking of appropriating to itself an ..... was too late in the day to contend that the 'state can commit breach of a solemn undertaking on which other side has acted and then contend that the party suffering by the breach of contract may sue for damages but cannot compel specific performance of the contract ..... the house of lords held that where parliament had conferred a discretion on the minister of agriculture, fisheries and food, to appoint a committee of investigation so that it could be used to promote the policy and objects of the agricultural marketing act, 1958, which were to be determined by the construction of the act which was a matter of law for the court and though there might be reasons which would justify the minister in refusing to refer a complaint to a committee of ..... urged by shri ganguli is that the question whether a lease has been determined or not involves complicated questions of law and the estate officer, who is not required to be an officer well versed in law, cannot be expected to decide such questions and, thereforee, it must be held that the provisions of the public premises act have no application to a case when the person sought to be evicted had obtained possession of the premises as a lessee .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR532; 2007(6)BomCR700; (2007)109BOMLR2072; 2008BusLR161(Bom); LC2007(3)299; 2008(36)PTC53(Bom)
..... states that the same is not suggestive of any acknowledgment of employment by him; that the reason that he did not want to be bound as an employee, was that he did not wish to tie himself down and wanted to be free to do work for other channels; that however, as the nature of his engagement with the plaintiff, did not leave him time to follow any other pursuits he thought it fit that the plaintiff ..... that the authors thereof were given to understand that the show proposed to be telecast on the third defendant's channel is nothing but a continuation of the plaintiff's shows and at the very least that it was connected with the plaintiff's show and that the plaintiff was associated with or had permitted it.i have little doubt in these circumstances, that the suggestion made by or on behalf of the third defendant clearly was ..... the concept note has not been established by the plaintiff, i do not think it necessary to consider whether the material contained therein constituted literary work, is entitled to protection under the copyright act and, if so, whether the third defendant's show is an infringement thereof.re : iv) whether the breach of a copyright in a film can be committed only by duplicating the film itself ?119. mr. ..... has sought damages and an order for delivery up and destruction of the ..... single judge has applied the above principles while considering a case under section 5 of the indian copyright act, 1914 which was similar to section 17(c) of the copyright act, 1957.30. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(1)ARC812
..... cantonment (control of rent and eviction) act, 1952',(iii) in clause (m), after the words 'town committee' the words 'or cantonment board' shall be inserted,(4) in section 7, after the words 'united provinces town areas act, 1914, the words 'or in section 60 of the cantonment act, 1924' shall be inserted;(5) in section 12, in sub-section (3), after the words 'municipality' the word 'cantonment', shall be inserted;(6) section 14 shall be omitted,(7) in section 20, in sub- ..... and eviction) act, 1957';(iii) in clause (m) after the words 'town-area committee' the words 'or cantonment boards' shall be added;(4) in section 7, after the 'united provinces town area act, 1914, the following words shall be inserted, namely: 'or in section 60 of the cantonment act ..... it has come in the affidavits filed by the landlord that the landlord requires the building bonafide after demolition and new construction 21 (1) (a) of the act read as under:--'21 (1) (a), that the building is bona fide required either in its existing form or after demolition and new construction by the landlord for occupation by himself for any member of his family, or any person for whose benefit it is held ..... ganga devi, (1965) 2 mad lj 209, the madras high court considering the scope of section 14 (1) (b) of the madras buildings (lease and rent control) act, 1960, observed as below:-'there is nothing in the language of section 14 (1) (b) to warrant the interpretation that the words 'bona fide required by the landlord' is .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(112)BomLR1802
..... of the commission, declare, by notification in the official gazette, that any institution for higher education, other than a university, shall be deemed to be a university for the purposes of this act, and on such a declaration being made, all the provisions of this act shall apply to such institution as if it were a university within the meaning of clause (f) of section 2.going by this provision, unless the institution for higher education other than the university ..... experience at the state or national or international level in handling youth development work such as organising student-centric activities for their all-round development and for providing them rich campus life as envisaged in the maharashtra universities act.part 'c'expected skills and competencies -(1) technical skills -(i) openness towards technology and a deep conviction regarding its potential applications in a knowled-based settings ;(ii) reasonably high level of comfort in the use of technology;(2) managerial ..... accepted, would not only lead to absurdity but will be destructive of the object underlying section 12 of the said act and the order issued by the state government dated 27.5.2009. ..... the state legislature and the state government of appointing most suitable candidate to the post of the vice-chancellor of the university governed by the act of 1994, limiting the choice only to the head of the department in the universities referred to in the schedule to the act of 1994, would be destructive and not in the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC2120; 1997(1)ALD(Cri)157; 1998(1)ALD(Cri)762; 1997(1)BLJR263; 1998CriLJ2930; 1998(3)SCALE53; (1998)4SCC626; [1998]2SCR870
..... any selection on behalf of such commission or board; (xi) any person who is vice-chairman or member of any governing body, professor reader, lecturer or any other teacher or employee, by whatever designation called, of any university and any person whose services have been availed of by a university or any other public authority in connection with holding or conducting examinations; (xii) any person who is an office-bearer or an employee of an educational, scientific, social ..... or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remunerations, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person, with the central government or ..... section 120b ipc read with section 7 and section 13(2) read with section 13(1)(d) of the 1988 act as well as the offence under section 12 of the 1988 act are not among the offences mentioned in section 19(1) and that no sanction was required with regard to these offences and that sanction was required only in respect of offences under section 7, and section 13(2) read with section 13(1)(d) of the 1988 act as against a-4 and a-15 and that in view of sub-section (3) ..... 413, 414].section 73a of the crimes act, 1914 in australia makes it an offence for members of the .....
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