Judgment Search Results Home > Cases Phrase: public gambling act 1867 preamble 1 public gambling act 1867 Page 3 of about 1,211 results (0.118 seconds)

The Tabocco Institute of India Vs. Union of India

Court : Karnataka

..... if is purely procedural and for requirement, even requirements are construed as directory if they relate to the performance of a public duty, and the case is such that to hold void acts done in neglect of them would work serious general inconvenience or injustice to persons who have no control over those entrusted with the duty, without at the same time promoting the main object of the legislature. ..... an analogy was drawn in this regard between misleading advertisements and activities such as betting and gambling, which are not protected under the right to carry on business or trade as they are considered to be res extra commercium.103. ..... this proposal and suggestion to include the above statement in the preamble was not carried out and that is how in the preamble to the 2003 act, it is not stated that the act was made under article 253. ..... the 39th & 43rd world health assembly resolutions which have been referred to in the preamble to cotpa2003 do not require the members of the world health assembly to impose pictorial warnings to such an extent. ..... it is necessary to notice that though in the preamble to cotpa it has been stated that it was found expedient to prohibit the consumption of cigarettes and other tobacco products which were injurious to health with a view to achieving improvement in public health in general as enjoined by article 47 of the constitution, the provisions of cotpa are not enacted to prohibit consumption of cigarettes and other tobacco products. .....

Narayanan Damodaran and ors. Vs. Narayana Panicker Parameswara Panicke ...

Court : Kerala

Reported in : AIR1971Ker314

..... counsel who contended against the constitutional validity of section 4-a that the provision referred to land, both agricultural and otherwise: that there was no reform in enacting the section, since it was not indicated how any public interest was furthered by the provision; that, at any rate, there was no agrarian reform achieved by the section, and that there was no method of applying the section within its constitutionally valid field alone, ..... deemed to be a tenant, if-- (a) the mortgagee or lessee was holding the land comprised in the mortgage for a continuous period of not less than fifty years immediately preceding the commencement of the kerala land reforms (amendment) act, 1969: or(b) the mortgagee or lessee has constructed a building for his own residence in the land comprised in the mortgage and he was occupying such building for such purpose for a continuous period of not less than ..... provisions were challenged on the ground that prize competition asdefined in section 2 (d) of the act included not merely competitions that were of a gambling nature, but also those in which success depended to a substantial decree on skill. ..... do away altogether with article 19(1)(f) in so far as agricultural land was concerned; and that what it really did was to enlarge the scope of the saving in clause (5) of article 19 so as to save measures of agrarian reform in the spirit of the preamble to the constitution and also of articles 38 and 39 for the furtherance of social and economic justice. .....

imran Alias Abdul Quddus Khan Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2000CriLJ1328

..... act, 1910 or the public gambling act, 1867 or section 25, section 27 or section 29 of the arms act, 1959; or(iv) is generally reputed to be a person who is desperate and dangerous to the community; or(v) has been habitually passing indecent remarks or teasing women or girls; or(vi) is a tout;explanation : 'tout' means a person who-(a) accepts or obtains, or agrees to accept or attempts to obtain from any person for himself or for any other person, any gratification whatever as a motive or reward for inducing, by corrupt or illegal means any public ..... excise act, public gambling act or under certain sections of the arms act, is generally reputed to be a person who is desperate and dangerous to the community ..... or disfavour to any person or to render or attempt to render any service or disservice to any person, with the central or state government, parliament or state legislature, any local authority, corporation, government company or public servant; or(b) procures, in consideration of any remuneration moving from any legal practitioner interested in any legal business or proposes to any legal practitioner or to any person interested in legal business to procure, in consideration of any ..... abets in taking unauthorized possession or having lawfully entered unlawfully remains in possession, of a building including land, garden, garages or out-houses appurtenant to a building.the preamble to the act gives a clue to the intention which impelled the law makers to enact the legislation. .....

Krishna Kumar Narula Etc. Vs. the State of Jammu and Kashmir and ors.

Court : Supreme Court of India

Reported in : AIR1967SC1368; [1967]3SCR50

..... the learned judges observed : 'it is only when no policy or principle has been laid down either in the preamble or in the other provisions of the statute or statutory rules, and the impugned provision confers arbitrary or excessive powers on the authority, that it is ..... say that there is no fundamental right to do business which is likely to cause nuisance or danger to the public, but stated that the nature of the restrictions would depend upon the nature of the trade. 19. ..... said judgment is relied upon : 'a perusal of the act and rules will make it clear that no person has any absolute right to sell liquor and that the purpose of the act and the rules is to control and restrict the consumption of intoxicating liquors, such control and restriction being obviously necessary for the preservation of public health and morals, and to raise revenue.' 15. ..... (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the state from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause,....... 11. ..... division, sambalpur : air1960ori88 maintained the validity of the provisions of the orissa cinema (regulation) act, 1954, on the ground that it did not infringe the fundamental right guaranteed under art ..... one of the questions raised was whether gambling was business or trade or commerce within ..... lays down that gambling is not business ..... this case with gambling. 17. .....

D.R. Shivappa Gowda Vs. Zilla Parishad, Chief Secretary

Court : Karnataka

Reported in : ILR1988KAR509

..... of certain offences--if a person has been convicted --(a) of an offence under chapter xii, xvi or xvii of the indian penal code (xlv of 1860), or(b) twice of an offence under section 9 or 23 of the bombay beggars act, 1945 (bom xxiii of 1945), or under the bombay prevention of prostitution act, 1923 (bom xi of 1923), or(c) thrice of an offence within a period of three years under section 4 or 12a of the bombay prevention of gambling act, 1887 (bom. ..... circumstances though the consequences of such defection are rather drastic in the sense that a person who suffers disqualification is disqualified from entering public life for all time to come, the drastic nature of that disqualification would not make that disqualification an offence within the meaning ..... the preamble to the act and the provisions of the act make it abundantly clear that this is another form of 'political welfare' legislation, that is to say, it is meant to cleanse the body ..... the preamble itself makes it clear that it is an act to prohibit defection by the councillors of municipal corporations, municipal councils and members of zilla parishads and mandal panchayats from the political parties by which they ..... the preamble of the act makes it clear that it is a provision to ensure purity in the elections and the legislature has thought it fit to bring this act on the statute book just on the eve of the zilla parishad and mandal panchayat elections in order to ensure these local bodies which had been constituted for .....

S.Kannan Vs. 1.The Commissioner of Police,

Court : Chennai

..... it is prohibited under law as per section 12 of the tamil nadu gambling act 1930 which reads as follows: section 12 of the tamilnadu gaming act, 1930 penalty for gaming in public street, etc. ..... the hon'ble supreme court while examining the conduct of jallikattu and bullock-cart races with particular reference to the provisions of the prevention of cruelty to animals act 1960 and tamil nadu regulation of jallikattu act 2009, in the above judgement held that the animals have right against the human beings not to be tortured and against the infliction of unnecessary pain or sufferings ..... (c) the extermination or destruction of any animal under the authority of any law for the time being in force; or(d) any matter dealt with in chapter iv; or (e) the commission or omission of any act in the course of the destruction or the preparation for destruction of any animal as food for mankind unless such destruction or preparation was accompanied by the infliction of unnecessary pain or suffering. ..... - whoever is found gaming with cards, dice, counters, money or other instruments of gaming in any public street, place or thoroughfare or publicly fighting cocks, shall be liable on conviction to fine not exceeding (one hundred) rupees or to imprisonment not exceeding (three months) and such instruments of gaming and moneys shall be forfeited ..... citizens should, therefore, develop a spirit of compassion and humanism which is reflected in the preamble of pca act as well as in sections 3 and 11 of the act. .....

Gauri Shankar Gaur and Others, Etc. Vs. State of U.P. and Others

Court : Supreme Court of India

Reported in : AIR1994SC169; 1993(3)SCALE371; (1994)1SCC92; [1993]Supp1SCR667

..... only because their petitions had been tagged with special leave petition in which following order was passed:leave granted limited to the question as to whether the limitation provided in proviso to section 6 of the land acquisition act introduced by the amending act of 1967 is also applicable in the facts of this case in view of u.p. avas & vikas adhiniyam.from the order granting leave extracted above it is clear that the order was confined to facts of that ..... court in more or less similar circumstances, where section 59 of (he punjab town improvement act 1922 provided that,'publication of a notice of any improvement scheme under section 3d of this act shall he substituted fur and have the same effect as publication in the official gazette and in the locality of a notification under sub-section (i) of section 4 of the said act, except where a declaration under section 4 or section 6 of the said act has previously been made and is still in force/held,in the present case ..... exceptions should not become the rule and permitting to reopen several points which this court did not consider fit to be canvassed, would create uncertainty and inconsistencies and would become a gamble and exceptions become the rule. ..... (preamble and section 4) to relieve housing shortage in urban areas due to increased influx of the migrant rural population to towns and cities to take out their livelihood or for their betterment and consequent rapid increase of urban population. .....

Matrumal Sharma and anr. Vs. the Chief Inspector of Shops and Commerci ...

Court : Allahabad

Reported in : AIR1952All773

..... per cent of the total number of persons employed in such shop or commercial establishment: 'provided also that in any shop or commercial establishment which employs five persons or less no employee shall be exempt from the provisions of this act; (b) persons whose work is inherently intermittent, such as a traveller or canvasser; (c) offices of government or of local authorities; (d) establishments for the treatment or the care of the sick, infirm, destitute, or mentally unfit; (e) members of the family of any employer ..... the freedom referred to does not mean the freedom to carry on a trade or profession in a way which may be prejudicial to the public interest and it has, for example, been generally recognized that the state may validly prohibit gambling or immoral occupations, the employment of child labour in certain industries, the licensing of certain kinds of business in the interest of the public safety or regulate the conditions for the manufacture of foodstuffs or chemical products etc. ..... the avowed object of the act as shown by its preamble is to provide for holidays and to regulate and lay down conditions of and the hours of employment in shops and commercial establishments. ..... we will proceed, therefore, to consider as to whether there is a substantial question of interpretation of the constitution, in other words, whether the act infringes the fundamental rights conferred by articles 14 and 19(1)(g) of the constitution on every citizen of the indian union. 9. .....

Sat Pal and Co. and ors. Vs. Lt. Governor of Delhi and ors.

Court : Supreme Court of India

Reported in : AIR1979SC1550; (1979)4SCC232; [1979]3SCR651; 1979(11)LC631(SC)

..... is mentioned in entry 51 of list ii in the seventh schedule to the constitution is not imposable on the ground merely that such article is not being manufactured or produced in the territory to which this act extends.section 31 was amended enabling the government to levy over and above excise duty a countervailing duty or special duty at such rate or rates not exceeding the rates set forth in schedule ia which was ..... under the amended provisions of the act in its application to delhi could certainly be said to be one enacted both with the object of regulating the trade or business in intoxicants and with a view to realising the goal fixed in article 47 of the constitution therefore, one can look upon this measure both as a fiscal measure and the one safeguarding public health and even public morals because it is well ..... 874 which may be extracted as under:we find it difficult to persuade ourselves that gambling was ever intended to form any part of this ancient country's trade, commerce or ..... preamble to the impugned ordinance clearly recites that the special duty on the importation of country liquor into delhi is an endeavour towards bringing about prohibition of consumption of alcoholic drinks, and, therefore, it is a step in the direction of safeguarding public ..... preamble ..... the ordinance in its preamble states that by reason of certain excisable articles not being manufactured or produced in delhi, one such being country liquor, countervailing duty is not leviable on such articles .....

Olga Tellis and ors. Vs. Bombay Municipal Corporation and ors.

Court : Supreme Court of India

Reported in : AIR1986SC180; 1985(2)SCALE5; (1985)3SCC545; [1985]Supp2SCR51

..... time, say for twenty years or more, and which have been improved and developed will not be removed unless the land on which they stand or the appurtenant land, is required for a public purposes, in which case, alternate sites or accommodation will be provided to them, the 'low income scheme shelter programme' which is proposed to be undertaken with the aid of the world bank ..... corporation is that since the pavement dwellers had conceded in the high court that they did not claim any fundamental right to put up huts on pavements or public roads and since they had given an undertaking to the high court that they will not obstruct the demolition of the huts after october 15, 1981 they are ..... the right to encroach, by erecting a structure or otherwise, on footpaths, pavements or any other place reserved or ear-marked for a public purpose like, for example, a garden or a playground; that the provision contained in section 314 of the bombay municipal corporation act is not unreasonable in the circumstances of the case; and that, the kamraj nagar basti is situated on an accessory road leading to the ..... it is in order to fulfil the promise of the preamble that fundamental rights are conferred by the constitution, some on citizens like those guaranteed by articles 15, 16, 19, 21 and 29, and some on citizens and non-citizens alike, ..... the right to livelihood by the pursuit of an opprobrious occupation or a nefarious trade or business, like toutism, gambling or living on the gains of prostitution. .....