Court : Mumbai
Reported in : AIR1950Bom221; (1950)52BOMLR29
..... the sub-section and the proviso. therefore, under section 14b, as it stood before the amendment it was open to the provincial legislature under the abkari act by a notification to prohibit the possession of foreign liquor qua any person or class of persons. it is unnecessary to consider whether any person or class of persons may or ..... liquor and of intoxicating drugs in the province of bombay or in specified areas thereof.' therefore, it is in order to pursue the policy of prohibition that the legislature has put this act upon the statute book, and in order to carry out their policy it has enacted provisions, among others, with regard to the possession of liquor ..... either absolutely or subject to such conditions as it may prescribe.' therefore, it would not be true to say that prior to act vi [6] of 1940 the provincial government had no power under the abkari act to prohibit or control or restrict the possession of foreign liquor. mr. gauba has asked us to read the proviso to sub-section ( .....
Tag this Judgment!Court : Mumbai
Reported in : (1950)52BOMLR591
..... irreconcilable conflict here such as would necessitate recourse to the principle of federal supremacy laid down in section 100 of the constitution act. section 14-b does not purport to restrict or prohibit dealings in liquor in respect of its importation or exportation across the sea or land frontiers of british india. it purports ..... of the proviso to sub-section (1), contending that the provincial legislature has no power to restrict or prohibit the possession of intoxicants imported from foreign countries.6. now, under section 100 of the constitution act, the provincial legislature has, subject to the other sub-sections of that section, the exclusive power-to make ..... who had assumed legislative powers by a proclamation under section 93 of the constitution act. besides inserting in the preamble to the original act words making it clear that it was part of the object of the act to enforce the policy of prohibition, it effected two important amendments in section 14-b which, before the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom244; (1950)52BOMLR788; ILR1950Bom795
..... ori. appl no. 421 of 1950 the appellants were tried for offences punishable under sections 65(b), 65(f) and 66(b) read with section 81, bombay prohibition act, 1949. they have been convicted and sentenced under each of these sections.18. on the evidence led by the prosecution their convictions are, in my opinion, correctand they ..... sentences can legally be passed at the same trial on a person charged with offences punishable under section 65(b), section 65(1) and section 66(b), prohibition act, subject to the limit as regards aggregate punishment imposed by section 71, penal code, ordinarily one sentence alone should be passed for the offence of manufacturing liquor ..... cri. revn. appln. no. 1060 of 1949, d/- 18-11-1949, the accused was convicted under clauses (b), (d) and (f) of section 65, bombay prohibition act, and sentenced separately for each one of these offences. it was held that the offence of being in possession of materials for preparing illicit liquor punishable under clause (f) of .....
Tag this Judgment!Court : Mumbai
Reported in : 1951CriLJ1140
..... of years to take alcoholic drinks, generally country liquor, at an average of 4 ounces per day.3. since the enforcement of the central provinces & berar prohibition act, 1938 (act vii (7) of 1938), in the nagpur district by notification no. 652-800-viii, dated 5-8-1946 the petitioner had to stop consumption of country ..... which he seeks a writ, direction or order. lastly, it is contended that the petitioner seeks merely a declaratory opinion from this court on the validity of the prohibition act & the rules & notifications made thereunder. i shall deal with these objections in the same order.31. the powers & jurisdiction of this court are created by the ..... article 226 of the constitution for the following reliefs:(i) a writ of mandamus directing the respondents not to enforce against the petitioner the central provinces & berar prohibition act vii (7) of 1938 or all such sections of the same as may be found inconsistent with the constitution:(ii) a writ of mandamus directing the respondents .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom468; (1951)53BOMLR713; ILR1952Bom207
..... j.1. this is an appeal against an order passed by the learned presidency magistrate, 4th court, by which he convicted the accused under section 66 (b) of the prohibition act and sentenced him to one month's rigorous imprisonment and a fine of rs. 300, in default rigorous imprisonment for four weeks.2. the case for the prosecution was that ..... acquitted by the learned presidency magistrate, were in possession of 171/2 drams of rectified spirit and this possession was contrary to the provisions of section 66(b) of the prohibition act. accused no. 1, the appellant before us is the owner of a tailoring shop and that shop was raided on august 19, 1949, at 8 p.m. the ..... a note of warning to the police and to the investigating officers that as far as possible they should avoid utilising persons as panch witnesses when these persons have already acted as panchas. the city of bombay is very large, it contains a very large population, and ordinarily there should not be much difficulty in the way of the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1952Bom327; (1952)54BOMLR325; ILR1952Bom979
..... did not specify in what particular form alcohol was taken, but, in our opinion. it was not necessary to specify that point. section 66(b) of the bombay prohibition act makes penal a consumption of intoxicant and an intoxicant means, amongst other things, liquor, and alcohol in any form is certainly liquor. therefore, for the purpose of the ..... accused and a complaint was filed by the sub-inspector. the learned trial magistrate convicted all the three accused of an offence under section 66(b) of the bombay prohibition act, an offence of having consumed liquor, and sentenced them to suffer fifteen days' rigorous imprisonment each and pay a fine of rs. 150/ - or in default ..... of bombay against the judgment of the learned sessions judge of batara acquitting the three original accused persons of an offence under s. 66(b) of the bombay prohibition act 1949 (bom xxv of 1949.)(2) shortly stated, the facts of the case of the prosecution are as follows: accused rangrao and bhagwan are residents of the .....
Tag this Judgment!Court : Mumbai
Reported in : (1952)54BOMLR883
..... in this case is whether turmeric is a 'foodstuff' within the meaning of clause (3) of the spices (forward contracts prohibition) order, 1944, read with section 2(a) of the essential supplies (temporary powers) act, 1946 (act xxiv of 1946).2. the respondent was charged with having contravened cl. (3) of the order of 1944 because he ..... prohibited forward contracts in any of the 'spices' specified in the first column of the schedule to that order. among the articles listed in the schedule was turmeric. the conviction is under that order, and it is admitted that if that order is still valid, the conviction would be good.5. the defence of india act ..... organic substances which fall into three principal groups, proteins, carbohydrates and fats. 12. next is given a special definition for legal purposes, namely-as used in laws prohibiting adulteration etc., 'food' is generally held to mean any article used as food or drink by men, whether simple, mixed or compound, including adjuncts such as condiments .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1953Bom428; (1953)55BOMLR647; ILR1954Bom167
..... to surrender all their rights in the property to the two grandsons of the deceased husband who were the next reversioners. under section 60, court of wards act there was a prohibition upon a ward from alienating the property while he continued to be the ward of the court, and the privy council held that the surrender was void both ..... surrender under hindu law. in this case jamna attempted to transfer by the document of 25-1-1916, the watan lands. such a transfer was prohibited by reason of section 7 of the watan act. therefore, the transfer made by her to the extent that it related to watan lands was a void transfer, and mr. thakore concedes that if ..... it is not disputed by mr. thakore who appears for the defendants that as far as watan land was concerned there was a prohibition as contained in section 7 of the watan act.if there was a prohibition, then the document could not possibly amount to anything more than a purported or attempted transfer or conveyance by the widow in favour .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1957Bom36; (1956)58BOMLR1097; ILR1956Bom73; (1955)IILLJ755Bom
..... of more than ten persons is incorporated. but the incorporation need not necessarily be under the indian companies act; it may be under any other indian law. therefore, what is essential and what removes the prohibition against more than ten persons doing banking business is the fact that that association becomes a body corporate.4 ..... indicia of incorporation and they apply to an association registered under the co-operative societies act as much as to an association registered under the indian companies act. section 4 of the companies act may be looked at as that section prohibits a partnership or association exceeding a certain number doing banking business and it provides that ..... carrying on the business of hanking unless it is registered as a company under this act, or is formed in pursuance of an act of parliament or some other indian law or of royal charter or letters patent. therefore the prohibition against more than ten persons doing banking business is removed only if an association .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom225; 1956CriLJ495
..... . this is an application for revision of an order of the learned judicial magistrate, first class, belgaum, cantonment, finding the applicant guilty of an offence under section 66(b) bombay prohibition act. 2. the prosecution case was that on 23-3-1954 the police went to a darga at which the applicant was sleeping and made him open .with a key which .....
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