Judgment Search Results Home > Cases Phrase: public gambling act 1867 preamble 1 public gambling act 1867 Sorted by: recent Court: mumbai Page 1 of about 123 results (0.069 seconds)

Mohan Mallu Rathod and ors. Vs. State of Maharashtra

Court : Mumbai

Reported in : 1985(2)BomCR633

..... or section 165 of the indian penal code or under sub-section (2) of section 5 of the prevention of corruption act alleged to have been committed by public servants, while sanction contemplated by proviso to section 161 relates to prosecution against a police officer for offences alleged to have been committed by such police officer by any act done under the colour or in excess of any such duty imposed or any authority conferred on him by any provision ..... amount found there and for demanding and accepting illegal gratification and to let out the persons taken in custody at the gambling den and to accept illegal gratification for releasing the arrested persons on bail and to lodge first information report incorrectly and to carry out gambling raid without panchas and no in accordance with law and to prepare statements of witnesses without questioning them and to manipulate ..... however, must be rejected because in the first paragraph of the preamble the government of maharashtra while according sanction acted on the report that the petitioner committed offences as specified in column ..... the first paragraph of the preamble of the sanction reads as follows :---'whereas it has been reported to the government of maharashtra that the following police officers and men (hereinafter referred to as the accused persons), whose ..... no doubt in para 2 of the preamble of the sanction it is specifically mentioned that the petitioners committed offences punishable under sections 120b, 201, 218, 221, 409, .....

Citizen Forum For Equality Vs. The State of Maharashtra through its Ch ...

Court : Mumbai Nagpur

..... before this court to the effect that environmental clearance was granted on 14-12-2006 permitting permanent structures on the site after taking into consideration that the moef had stated since environmental significance and public open space amenity of the river flood plain should be recognized, it was urged that the authorities concerned (dda) that an extension of similar development in the area between yamuna and its ..... of writ petition no.4433 of 1998 to the effect that "the fundamental and legal right of the citizens of pune of submitting objections and suggestions to any modification in the final development plan u/s 37 of the act has been infringed", and that was solely on account of the developer being a close relation of the then chief minister who was also the minister for urban development which controls the appointments of a municipal ..... has noted that much could have been said about the manner in which the joint charity commissioner disposed of the application under section 36 of the bombay public trust act, just before his retirement, but then it was not sufficient to set at naught sanction accorded by him, particularly when construction of building was almost ..... from reading of its preamble, rule 8 and rule 25, it is obvious that when first lease of 30 years in favour of sabha expired, respondent 8 nit was under obligation to allow renewal for period from 01.04.1991 to 31.03.2021 by charging ..... its preamble declares that 1983 rules operate in supersession of nagpur .....

Dr. Mahesh Vijay Bedekar Vs. State of Maharashtra and Others

Court : Mumbai

..... we direct that the authorities under the noise pollution rules and the authorities under the rules relating to grant of licenses framed under the said act of 1951 shall verify before the grant of license/ permission to use loudspeakers or public address systems whether the applicant has made any breach of any rules or license conditions when similar license/ permission was earlier granted to such applicant ..... is satisfied from the report of an officer in charge of a police station or other information received by him that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury or risk or annoyance, disturbance, discomfort or injury to the public or to any persons who dwell or occupy property in the vicinity, be may, by a written order issue such directions as he may consider necessary to any person for preventing, prohibiting, controlling or regulating- (a) the incidence or continuance in or upon any premises of- ..... " "this court is bound to maintain and follow secularism as clearly laid down in the preamble of the constitution of india as hereunder: "we the people of india, having solemnly resolved to constitute india into; sovereign socialist secular democratic republic and to secure to all its citizens: justice, ..... the preamble of the air pollution act reads thus: "an act to provide for the prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of boards, for conferring on and .....

The State of Maharashtra Through The Chief Secretary Government of Mah ...

Court : Mumbai

..... government and includes other backward classes declared by the government of india in relation to the state of maharashtra; (h) "prescribed" means prescribed by rules framed by the government under this act; (i) "public services and posts" means the services and posts in connection with the affairs of the state and includes services and posts in (i) a local authority; (ii) a co-operative society established under ..... such vacancy shall be carried forward upto five years in case of direct recruitment and three years in case of promotion: provided that, on the date of commencement of this act, if any government order regarding filling up the posts, in case of non availability of backward class candidates are in force, such government orders shall continue to be in force unless modified or revoked, by ..... for the purposes of this clause the expression "government aided institutions" shall also include institutions or industries which have been given either prior to coming into force of this act or thereafter, aid in the form of government land at concessional rates or any other monetary concessions by government, or is recognised, licenced, supervised or controlled by government; (d) "government" means the government of maharashtra ..... the respondents' gist of challenge to the respective sections of the reservation act and the promotion circular are : i) preamble to the reservation act does not provide for special justification for reservation of scheduled castes, scheduled tribes, .....

Shaikh Zahid Mukhtar and Others Vs. The State of Maharashtra and Other ...

Court : Mumbai

..... the apex court in the case of state of gujarat vs mirzapur moti kureshi kassab jamat held that the facts stated in the preamble and the statements of objects and reasons constitute important factors which will have to be taken into consideration by the court while judging the reasonableness of any restrictions imposed on the fundamental rights ..... the court would begin with a presumption of reasonability of the restriction, more so when the facts stated in the statement of objects and reasons and the preamble are taken to be correct and they justify the enactment of law for the purpose sought to be achieved . ..... ..the legislature has correctly appreciated the needs of its own people and recorded the same in the preamble of the impugned enactment and the statement of objects and reasons appended to it. ..... (emphasis added) question 6 the legislature has correctly appreciated the needs of its own people and recorded the same in the preamble of the impugned enactment and the statement of objects and reasons appended to it. ..... he pointed out that the restrictions imposed by the amendment act are not for the benefit of the public and cannot be called as reasonable by any stretch of imagination. 54 ..... in paragraph 81, the apex court, observed thus: the facts contained in preamble and the statement of objects and reasons in the impugned enactment highlight the following facts: (a) cow and her progeny sustain the health of the nation; (b) working bulls are indispensable in agriculture as they supply .....

M/s. Amritlakshmi Machine Works and Another Vs. The Commissioner of Cu ...

Court : Mumbai

..... penalty [not exceeding the duty sought to be evaded on such goods or five thousand rupees], whichever is greater; [(iii) in the case of goods in respect of which the value stated in the entry made under this act or in the case of baggage, in the declaration made under section 77 (in either case hereinafter in this section referred to as the declared value) is higher than the value thereof, to a penalty [not exceeding the ..... without transhipment or attempted to be so transitted in contravention of the provisions of chapter viii; (o) any goods exempted, subject to any condition, from duty or any prohibition in respect of the import thereof under this act or any other law for the time being in force, in respect of which the condition is not observed unless the non-observance of the condition was sanctioned by the proper officer; (p) any notified goods in relation ..... than a customs port; (d) any goods which are imported or attempted to be imported or are brought within the indian customs waters for the purpose of being imported, contrary to any prohibition imposed by or under this act or any other law for the time being in force; (e) any dutiable or prohibited goods found concealed in any manner in any conveyance; (f) any dutiable or prohibited goods required to be mentioned under the regulations in ..... offences in any real sense but acts which are prohibited in the interest of welfare of the public and the prohibition is backed by ..... from the preamble that the act consolidates and amends .....

Happy Home Co-operative Housing Society Ltd. Vs. State of Maharashtra, ...

Court : Mumbai

..... by sub-section (1) if the state government on receipt of a report from the registrar or otherwise, is satisfied that in the public interest or for the purposes of securing proper implementation of co-operative production and other development programmes approved or undertaken by government, or to secure the proper management of the business of the society generally, or for preventing ..... be issued by the government to lease out to private parties areas reserved in the scheme for public parks and play grounds, such a direction would not have the sanctity of section 65. ..... (1) if the state government, on receipt of a report from the registrar or otherwise, is satisfied that in the public interest or for the purposes of securing proper implementation of co-operative production and other development programmes approved or undertaken by government, or to secure the proper management of the business of the society generally, or for ..... when the procedure for settlement of disputes and the power of the co-operative court and equally that of the appellate court is set out in the act itself, then, the registrar in terms of the aforementioned manual cannot override the same. ..... this is how the preamble would read : whereas with a view to providing for the orderly development of cooperative movement in the state of maharashtra in accordance with the relevant directive principles of state policy enunciated in the constitution of india, it is ..... morals as enshrined in the preamble are reflected. .....

The Indian Express Limited and Another Vs. Chandra Prakash Shivhare

Court : Mumbai

..... this misses completely the fact that those registrations, though granted in 2014, carry a registration date of 26th may 2009, well before the defendant s press act title registration on 1st october 2010; but i will for the moment let that pass, though in my judgment that is in itself a sufficient answer to mr. ..... the nature of enquiry under the prb act is for the purpose of approval of the name of a magazine or publication and as such it cannot have precedence over the provisions of the tmm act which is a special enactment and was made for the purpose of governing disputes relating to names, titles or trade marks. ..... v bharat malik and anr (91 (2001) dlt 321 : 2001 (21) ptc 328 (del); under the trade and merchandise marks act, 1958).that was also a trade mark infringement action where the defendant claimed to be entitled to use playway ? ..... in madhya pradesh and, since the plaintiffs had valid registrations under the trade marks act, 1999 and the copyright act, 1957, and were publishers of a reputed and well known newspaper, that application ought not to be granted (exhibit p-18, compilation pp. ..... the preamble of the prb act itself demonstrates that this act was not made for the purpose of governing disputes relating to names, titles and trade marks. ..... this is a statutory body under the press and registrations of books act, 1867 ( the press act ?). .....

D.B Realty Limited and Others Vs. State of Maharashtra, through its Ur ...

Court : Mumbai

..... the court observed that the object of the land acquisition act is to acquire land for a public purpose while the object of the mrtp act is to deal with the development of a particular area. ..... it was next contended by the petitioner that the impugned notification which has been issued under section 37(1aa) of the mrtp act providing for reservation for affordable housing for every single plot measuring more than 4000 sq. ..... in the above case, this court has held that the development plan under section 22 of the act makes provisions inter alia for permission to be granted for controlling and regulating the use of land under the development plan. ..... it is submitted on behalf of the petitioner that from the preamble to the impugned notification, it is seen that the same has been issued on the basis of the housing policy of the year 2007. ..... in response, the learned advocate general pointed out that the opening words of section 22 of the act clearly indicate that the manner in which the land is to be used and developed, shall be regulated as indicated in the development plan. ..... the contention of the petitioner is that the impugned notification is inconsistent with the mrtp act for the reason that unless a particular plot has been reserved/ designated/ allocated for the particular purpose under the development plan, it cannot qualify for the acquisition of land as it has not been reserved .....

Eternia Co-operative Housing Society Ltd. and Others Vs. Lakeview Deve ...

Court : Mumbai

..... not only do i most respectfully agree, for the preamble to that act leads to no other conclusion, but all these decisions bind me. ..... i would venture to suggest that if-there was ever a fit case for the award of exemplary costs against a public authority, coupled with a thorough investigation into its role in this matter, this is it. ..... all this when, as we shall see, it was undoubtedly the mmrdas obligation to ensure compliance with what was undeniably a public purpose, the very object of the creation of the pads. ii. ..... sector iv-a is admittedly not, he says, the only site available to the hiranandanis for fulfilment of its public-purpose; nor has the high court order of which mr. ..... it also lies at the door of the mmrda, a public authority and about whose conduct throughout no condemnation is strong enough. ..... between 2008 and 2010 three public interest litigations (pil nos. ..... indeed, the representation as to this public purpose, if there was one, could only have been to the contrary: by never once showing any additional buildings (or in fact even any available fsi for those buildings) on sector iv-a, the societies were given to believe ..... it is another to allow an authority to-get away scot-free, absent any regulatory or statutory oversight, with-what i can only describe as a complete abdication of its public and-statutory function. ..... these will affect or perhaps even block the societies members grand views of powai lake, but that is no reason to deny the fulfilment of a wider public objective. .....