Court : Kerala
..... it also cannot be disputed that in view of the explanation added by this amendment act, abkari shop would include a hotel with fl-3 licence issued under the abkari act, 1077 and the rules made thereunder.17. ..... this sub section provides that notwithstanding anything contained in the abkari act or any other law for the time being in force, no person shall without the previous permission in writing of the municipality and otherwise than in accordance with the conditions specified in the permission, establish an abkari shop within a municipal area. ..... when the application was pending, by kerala municipality (amendment) act, 2014 (act 8 of 2014), section 447 of the kerala municipality act was amended with effect from 25/11/2012 incorporating sub sections 7 to 10 and repealing ordinance no.39 of 2013. ..... : expressly specified in section 3 of the kerala local authorities (prohibition of defection) act, 1999, as amended by act 6 of 2013 and cannot be used to influence the exercise of statutory power. ..... in this amendment act, an explanation has been added whereby a bar hotel, meaning thereby a hotel to which fl-3 licence is issued, is also defined as an abkari shop.6. ..... : notwithstanding anything contained in the abkari act or in any other law for the time being in force, no person shall, without previous permission in writing of the municipality and otherwise than in accordance with the conditions specified in the permission, establish an abkari shop within a municipal area. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2001(1)ALD(Cri)240; 2001(73)ECC26; 2001(1)KLT169(SC); 2000(8)SCALE64; [2000]Supp5SCR333
..... he invited our attention to sections 63,64 and 67 of the act to urge that under the scheme of the act before amendment of 1997, offences under the abkari act were minor offence triable by a magistrate for which maximum punishment prescribed was less than two years and they were also compoundable; but an offence under section 57a is a grave offence triable by court of session. ..... the amended provision of section 50 requires the abkari officer to forward to the concerned magistrate a report as provided in section 173(2) of cr.p.c. ..... under this section shall be admitted to bail by such officer as aforesaid if sufficient bail be tendered for his appearance either before a magistrate or before an abkari inspector as the case may be.from a perusal of the provisions, extracted above, it is clear that under section 30 of the act the commissioner of excise or any magistrate was empowered to issue a warrant for the search of any liquor, intoxicating drug, materials, stills, utensil, implement or apparatus in respect of which he had, upon information obtained and after such enquiry ..... the common question that arises for consideration in these appeals, is: whether the impugned proceedings initiated against the appellants on the basis of samples collected from their shops under section 31 of the kerala abkari act, 1077 (before its amendment in 1997) are liable to be quashed under section 482 of crpc.4. .....
Tag this Judgment!Court : Kerala
..... it also cannot be disputed that in view of the explanation added by this amendment act, abkari shop would include a hotel with fl-3 licence issued under the abkari act, 1077 and the rules made thereunder.17. ..... this sub section provides that notwithstanding anything contained in the abkari act or any other law for the time being in force, no person shall without the previous permission in writing of the municipality and otherwise than in accordance with the conditions specified in the permission, establish an abkari shop within a municipal area. ..... when the application was pending, by kerala municipality (amendment) act, 2014 (act 8 of 2014), section 447 of the kerala municipality act was amended with effect from 25/11/2012 incorporating sub sections 7 to 10 and repealing ordinance no.39 of 2013. ..... : expressly specified in section 3 of the kerala local authorities (prohibition of defection) act, 1999, as amended by act 6 of 2013 and cannot be used to influence the exercise of statutory power. ..... in this amendment act, an explanation has been added whereby a bar hotel, meaning thereby a hotel to which fl-3 licence is issued, is also defined as an abkari shop.6. ..... : notwithstanding anything contained in the abkari act or in any other law for the time being in force, no person shall, without previous permission in writing of the municipality and otherwise than in accordance with the conditions specified in the permission, establish an abkari shop within a municipal area. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1941Mad533; (1941)2MLJ41
..... while the court was wrong in convicting her under section 4(1)(a) of the prohibition act, she did commit an offence under the abkari act, 1886, as amended. ..... the petitioners say that in passing the prohibition act the madras legislature had no power to repeal the abkari acts so far as the possession of dangerous drugs is concerned or to prohibit the possession of such drugs, and they rely on the provisions of section 107 of the government of india act, 1935. ..... part iii of the government of india act, 1935 came into force on the 1st april, 1937, and the learned advocate-general naturally concedes that the rules framed under the madras abkari act, 1886, as amended, constitute an existing indian law within the meaning of section 107 of the government of india act, 1935.10. ..... it follows from what has been said that the provincial legislature had no power to repeal the abkari acts in so far as dangerous drugs are concerned and those acts and the rules made thereunder remain in force in relation to ganja, which means that the petitioners in criminal revision cases nos. ..... rule 2 of the hemp drugs rules which were framed and notified under the madras abkari act, 1886, as subsequently amended, defines ganja as meaning the dried flowering tops of cultivated female hemp plants which have been coated with resin in consequence of having been unable to seed freely and by rule 3, 'hemp drugs' are given the same definition as 'hemp' in the indian drugs act, 1930.5. .....
Tag this Judgment!Court : Supreme Court of India
..... it is submitted that because of the abkari policy in particular year, licences are issued in favour of the appellant state owned undertaking, as such it cannot be said that the statutory levies under the abkari act are on the state government undertaking and such levies are only on the licensees but not on the state owned undertakings like ksbc. ..... submitted that the levy was on the licence holder whoever he or it might be and only in view of the abkari policy of the relevant years licences were granted to the appellant as such it cannot be said that same was exclusive levy on the appellant attracting section 40(a)(iib) of the act so as to disallow the same. ..... while it is the case of the assessee/appellant that the gallonage fees, licence fee and shop rental (kist) for fl 9 licence and fl 1 licence, the surcharge on sales tax and turnover tax do not fall within the purview of the abovesaid amended section, the case of the revenue is that all the aforesaid amounts are covered under section 40(a)(iib) as such, such amounts are not deductible for the purpose of computation of income, for the assessment years 2014 2015 and 2015 2016.9. ..... water supply and sewerage act is a fee or whether it is a tax covered by entry 49 of list ii of the seventh schedule 4 (2003) 5 scc6225 (2003) 4 scc3056 (2001) 3 scc60927 [email protected]. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP394
..... section 43, as it stood prior to the amendment in 1954, runs as follows :'all abkari duties, lease moneys or moneys due to government from the person primarily liable therefor or from his surety, or in the cases mentioned in section 7, the moneys due to the defaulting lessee from his shikmidars or vendors, shall be recoverable as arrears of land revenue. ..... there can, therefore, be no question of either section 43 of the old act or section 7 of the act as amended conferring a privileged position on a state when it engages itself in trade or commerce or the legislature treating the state on an equal footing with a private citizen. ..... the theory that in granting leases for the sale of liquor the state is acting in a commercial capacity and it should therefore be put on the same par with the individual citizen, is not borne out by either the general principles or the provisions of the hyderabad abkari act. ..... it is also agreed that under section 43 which is now replaced by section 7, an ordinary citizen who has taken on lease from the government a right to vend liquor, is deprived of the right to deny his liability and make counter claims in regard to the same contract.it is further submitted that in regard to the contracts entered into between the state and the private citizens, the state acts in a commercial capacity and it is incompetent for the legislature to pull the state in a privileged position and to do so, is violative of the principle underlying article 14 of the constitution. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1951)53BOMLR982; (1951)IIMLJ141; [1951]2SCR682
..... that case, the appellant had been convicted under section 14-b of the bombay abkari act, 1878, as amended by the bombay abkari (amendment) act, 1947, for having in her possession a certain quantity of foreign liquor in excess of the limit prescribed by a notification issued under the following provision of the act :- '14-b (2)...... ..... , an act amending and consolidating the law relating to the promotion and enforcement of the policy of prohibition and also the abkari law in the province of bombay. ..... coming now to the various definitions given in the indian acts, i may refer in the first instance to the bombay abkari act of 1878 as amended by subsequent acts, where the definition is substantially the same as in the act with which we ..... in that case, the bihar excise (amendment) act, 1940, which amended the bihar and orissa excise act, 1915, was challenged as contravening section 297(1)(a), but it was held to be a valid act on grounds already stated, as will appear from the following observations of gwyer ..... both an amending and consolidating act and incorporates the provisions of the bombay abkari act which it repeals and also those of the bombay opium and molasses acts and contains new provisions for putting into force the policy of prohibition which is one of the objects mentioned in the preamble of the act. ..... the definition of 'liquor' in the madras abkari act, 1886, is the same as in the bombay act ..... 19(4) of the act of 1915, as amended by the act of 1940, is invalid because repugnant .....
Tag this Judgment!Court : Kerala
..... when such stringent punishments are there, it is high time for the legislature to think that there should be proper amendment in the abkari act by incorporating necessary classification based on the quantity of the contraband involved; if not, it will be a disparity when comparing it with the contraband involved in the ndps act. ..... it was held in paragraph 13 as follows:- "before parting with the record of the case, we would like to point out that s.8(2) of the abkari act does not fix any upper limit for the fine but lays down that the fine shall not be less than 1,00,000/-. ..... the learned senior counsel for the appellant has mainly argued that the offence under section 55(a) of the abkari act, being a sessions offence, requires stringent proof, that there was inordinate delay in the production of the sample and the contraband before court, that the contraband should have been produced before court with a requisition for drawing crl.a.166/2004 :4. ..... state of kerala [2011 (3) klt 353.rendered by a division bench of this court, wherein it was held that it is not necessary that the article seized under section 34 of the abkari act should be produced before the magistrate's court "forthwith", whereas, it would be sufficient if the records relating to the seizure were produced "forthwith" before the learned magistrate. .....
Tag this Judgment!Court : Kerala
Reported in : 2005(1)KLT714
..... judge before whom the case came up for hearing quashed ext.p2 challenged in the original petition holding that the writ petitioners were not liable to be prosecuted for any offence punishable either under section 56(b) or under section 57(a) of the kerala abkari act (for short, 'the act')- it was also declared that rule 9(2) of the kerala abkari shops (disposal in auction) rules, 2002 introduced on 1.4.2002 fixing the strength of ethyl alcohol in toddy drawn from coconut palms as 8.1% v/v was arbitrary and unreasonable and hence ..... it is pointed out before us that rule 9(2) of the kerala abkari shops (disposal in auction) rules, 2002 (here-in-after referred to as 'the rules') finds a place in the rules introduced on 1.4.2002, and prior to that, the said rule was numbered as rule 8(2) and still prior to that date, it was numbered as rule 7(2) of the abkari shops (disposal in auction) rules, 1974. ..... since we have found that the mere presence of ethyl alcohol, even if in excess of the permitted quantity, cannot be treated as a foreign ingredient, the writ petitioners are not liable to be prosecuted under section 57(a) of the abkari act. ..... we may observe here that if the presence of ethyl alcohol in toddy beyond the percentage permitted by the rule has to be deemed to be a 'foreign ingredient' it is for the legislature to incorporate necessary amendments in the act. ..... state of kerala, involving identical issues, has been reported in 2003 (3) klt 306.2. .....
Tag this Judgment!Court : Kerala
..... it is stated that to give effect to the abkari policy, various provisions of the foreign liquor rules were amended and as part thereof, rule 28 was substituted. ..... however, as far as hotels with fl-3 licence are concerned, its functioning is regulated by the provisions of the abkari act and the rules framed thereunder, which is a self contained code. ..... in so far as the state of kerala is concerned, by virtue of the provisions contained in the abkari act and the foreign liquor rules framed in exercise of its power conferred under section 29 thereof, the privilege of vending liquor in hotels has been farmed out subject to various restrictive conditions and on payment of annual licence fee. ..... is challenged as violative of article 14, it is necessary in the first place to ascertain the policy underlying the statute and the object sought to be achieved by it and that having ascertained the policy and the object of the act, the court has to apply a dual test in examining the validity, the test being, whether the classification is rational and based upon an intelligible differentia which distinguished persons or things that are grouped together from others that are left out of the group, and whether the basis of differentiation has any rational ..... government also contends that such substitution of the rule was well within the rule making power of the government under section 29 of the abkari act. 5. .....
Tag this Judgment!