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Judgment Search Results Home  Phrase:bombay police act 1951 maharashtra section 139

Mar 26 1993

S.M. Mallewar and others Vs. State of Maharashtra and others

  • Decided on : 26-Mar-1993

Court : Mumbai

Reported in : AIR1993Bom327; 2004(3)BomCR371; 1993(1)MhLj685

..... have already held that section 139(1)(a) of the bombay prohibition act, 1949, is more in nature of conditional legislation rather than in the nature of a delegated legislation. after careful consideration of the rival submissions made at the bar, i have no hesitation in accepting the submission made by shri deshpande and the learned counsel for the state of maharashtra that the powers ..... the subsisting licence inoperative as already discussed in the earlier part of this judgment. accordingly the ratio of the judgment of the supreme court in the case of commissioner of police v. gowardhan bhanji shall have no application. if the collector of gadchiroli was required to give hearing to the licence holders, the question to be asked is as to on ..... .e., the state of bombay v. f. n. balsara air 1951 sc 318 : 1951 cri lj 1361. in para 23 of his judgment, fazal ali, j., speaking for the bench, referred to the view taken by the high court of bombay declaring ss. 52, 53 and 139(1)(c) of the above referred act as invalid on the ground that the said sections constituted delegation of legislative ..... of following such traditions. in balsara's case air 1951 sc318 : 1951 cri lj 1361 it was held by fazl ali, j. that the exemption granted by the government in favour of navel forces etc. was valid. the prohibition of intoxicant liquor is introduced by stages and thus section 139(1)(a) of the bombay prohibition act confers powers on the state government to provide for .....

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Aug 12 1988

Shroff and Co. Vs. Municipal Corpn. of Greater Bombay and Anr.

  • Decided on : 12-Aug-1988

Court : Supreme Court of India

Reported in : (1988)3CompLJ146(SC); 1989(20)LC10(SC); 1988(38)ELT243(SC); JT1988(3)SC406; 1988(2)SCALE348; 1989Supp(1)SCC347; [1988]Supp2SCR406; [1989]72STC150(SC); 1988(2)LC738(SC)

..... incidental charges excepting octroi duty incurred or liable to be incurred by the importer till the articles are removed from the place of import'. under the bombay prohibition act, the relevant sections are section 2(14), section 26, section 105 and section 106. these and some of the rules on which reliance was placed have been referred to in the judgment of my learned brother mukharji, j ..... articles are removed from the place of import.10. our attention was drawn to octroi rules applicable to nagpur city as considered in a division bench judgment reported in 1977 maharashtra law journal 293 by masodhkar and kemble, jj. the said rules provided for the imposition of octroi on goods and animals brought within the octroi limits of the nagpur municipal ..... was expressly disapproved first by the federal court in the province of madras v. buddu paidanna [1942] fcr 90 and again by the supreme court in state of bombay v. f.n. balsar : [1951]2scr682 . apparently these decisions were not brought to the notice of the court which have decided the case of central india spinning and weaving and ., the empress mills ..... report. therefore, the purpose of the import is decisive. if these are brought for the purpose of commerce or trade, these are imported. justice isaacs at page 139 highlighted the expression 'imported goods', in section 68 as meaning goods which, in fact, are brought from abroad into australian territory, and in respect of which the carriage is ended or its continuity in .....

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Jan 12 2010

Secretary General, Supreme Court of India Vs. Subhash Chandra Agarwal

  • Decided on : 12-Jan-2010

Court : Delhi

Reported in : 166(2010)DLT305; 2010(1)KarLJ472

..... the conclusion that the election commission should not have such power and it brought forth an ordinance under article 123 of the constitution to amend the representation of people act, 1951 and withdrew from the election commission such powers requiring information to the extent mandated by the above decision of the supreme court. constitutional validity of that amendment was challenged ..... to information. in tata press ltd. v. maharashtra telephone nigam ltd. : (1995) 5 scc 139, the court recognized the right of the public at large to receive 'commercial speech?.38. the concept of the right to information was eloquently formulated by ..... includes any - (i) body owned, controlled or substantially financed; (ii) non-government organisation substantially financed, directly or indirectly by funds provided by the appropriate government. by virtue of section 24, the act does not apply to the intelligence and security organisations specified in the second schedule. however, the information pertaining to the allegations of corruption and human rights violations shall be ..... to speak, publish and express their views. the freedom of the press embodies the right of the people to read.37. in a subsequent judgment in indian express newspaper (bombay) private ltd. v. union of india : air 1986 sc 515, the court held that the independence of the mass media was essential for the right of the citizen .....

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Jul 04 1972

Union of India Vs. Seksarai Cotton Mills Ltd. (In Liquidation) and Ors ...

  • Decided on : 04-Jul-1972

Court : Mumbai

Reported in : [1975]45CompCas613(Bom)

..... , 1970, inasmuch as the state of maharashtra withdrew its offer on the ground that the workers were unwilling that the management should receive yearly licence fee of rs. 8 lakhs as demanded. thereafter, on 2nd june, 1970, the central government passed an order under section 15(a)(i) of the industries (development and regulation) act, 1951, appointing a committee of investigators for making ..... be stated : the seksaria cotton mills ltd. (hereinafter referred to as 'the 1st respondent-company'), a public limited company incorporated under the indian companies act, vii of 1913, used to run textile mills situate at delise road, parel, bombay. it ceased production and actually stopped its business since about 18th october, 1967. on a creditor's petition, being company petition no ..... applicants pointed out that the seksaria mills ltd. used to run textile mills at parel, bombay, and as such owned an industrial undertaking that was engaged in production of cotton textiles and as such is a scheduled industry falling within the first schedule of the act; secondly, the said company owning such scheduled industrial undertaking is being would up by and ..... . 139 of 1967, filed on 7th december, 1967, the 1st respondent-company was ordered to be wound up by this court on 2nd march, 1969, and .....

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Aug 10 1964

Ganesh Narayan and Ors. Vs. Commissioner, Nagpur Division, Nagpurand O ...

  • Decided on : 10-Aug-1964

Court : Mumbai

Reported in : AIR1965Bom92; (1964)66BOMLR807; ILR1965Bom200; 1965MhLJ577

..... enactments other than the enactments relating to land revenue, for instance, the bombay ferries and inland vessels act, bombay hereditary offices act, bombay irrigation act, bombay general clauses act, bombay court of wards act, bombay public conveyances act, bombay co-operative societies act, bombay agricultural produce markets act, bombay warehouses act, bombay taluqdari tenure abolition act, bombay police act, bombay cinema (regulation) act, sub-section (3) empowers the state government by notification to amend or delete any ..... respondents from taking any action under the said notifications or taking possession of the petitioner's lands. the respondents to this petition are, the state of maharashtra, the commissioner nagpur division, the collection of chanda and the special land acquisition officer, chanda.(5) turning to the facts of social civil application no. ..... of the permissible limits. mr.mangalmurti referred us to the following passages from the judgments delivered by some of the presiding judges in the delhi laws act case : [1951]2scr747 : air 1951 sc 332. he first referred us to the following two observations from the judgment of mahajan j. at p. 932 (of scr) : at ..... observed :' to repeal or abrogate an existing law is the exercise of an essential legislative power, and the policy behind such acts must be the policy of the legislature itself.'at page 139 of basu's commentary on the constitution of india, fourth edn. volume 4, it has been observed :'the power to repeal .....

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Dec 03 2004

Tofan Singh and Anr. Vs. State of M.P.

  • Decided on : 03-Dec-2004

Court : Madhya Pradesh

Reported in : 2005(1)MPHT457; 2005(1)MPLJ412

..... may be impaired in the eyes of the court. (halsbury, 3rd edn. vol. 15, para 805).50. in narayan nathu naik v. maharashtra state, (1971) 1 scr 133 = (air 1971 sc 1656) the court actually used the evidence of the prosecution witnesses who had partly resiled ..... p-8) was also prepared. deadbody of the deceased was referred for post-mortem. accused persons were arrested. memorandum under section 27 of the evidence act was prepared and article lathis were seized and charge-sheet was filed. appellants were put to trial.4. at the trial ..... jury to say.'46. we are in respectful agreement with this enunciation. it is a correct exposition of the law on the point.47. the bombay, emperor v. jehangir cama, air 1927 bom 501; madras, ammathayarammal v. official assignee, ilr 56 mad 7 = (air 1933 mad 137); ..... injuries by lathi.3. as per prosecution story, tulsiram (p.w. 1), elder brother of deceased ratna, lodged a report at police station, bahadurpur. in the fir it is stated that he is residing at village jaroli. his brother deceased ratna was working as ..... madh pra 30; orissa, in re kalu singh; rema naik v. state, air 1965 orissa 31; mysore, air 1966 mys 248; kerala, 1951 ker lt 471; jammu & kashmir, air 1953 j & k 41 courts have also taken the same view.48. in the case of an ..... altogether and not merely to get rid of a part of his testimony placing reliance on khijiruddin v. emperor (air 1926 cal. 139).20. but, thereafter in the case of bhagwan singh v. the state of haryana (air 1976 sc 202), three judges of .....

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Nov 09 2004

Chander Bhushan Anand and Ors. Vs. Union of India (UOI) through Financ ...

  • Decided on : 09-Nov-2004

Court : Punjab and Haryana

Reported in : (2005)139PLR400

..... court in hindustan liver and others' case (supra) wherein also the notification issued in purported exercise of power under section 13 of the maharashtra act was struck down as the same was found contrary of the legislative policy reflected in section 4 of the said act. shri shanti bhushan further argued that the judgment in d.c.bhatia's case (supra) is clearly distinguishable because ..... legislation into effect as also the determination of the area to which it is to extend.'35. in vasanlal manganbhai sajanwala's case (supra), vires of section 6(2) of the bombay tenancy and agricultural lands act, 1948 and the validity of a notification issued by the government on october 17, 192 under the afore-mentioned provision, came to be challenged. vide the ..... also after relying upon the judgment in sadhu singh v. district board, gurdaspur,19 (1969)1 s.c.w.r. 139, held that section 3 of the rent act does-not suffer from the vice of excessive delegation of legislative power and it also does not militate against the equality clause imbibed in article 14 of the constitution. the ..... .r. 1951 s.c. 332;(ii) hari shankar bagla v. state of madhya pradesh, a.i.r. 1954 s.c. 465;(iii) edwards mills co. ltd. v. state of ajmer, a.i.r. 1955 s.c. 25;(iv) hamdard dawakhana and anr. v. union of india, a.i.r. 1960 s.c. 554;(v) vasanlal maganbhai sajanwala v. state of bombay, a .....

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Jul 22 2003

Chandra Singh Vs. State of Rajasthan and Anr.

  • Decided on : 22-Jul-2003

Court : Supreme Court of India

Reported in : AIR2003SC2889; JT2003(6)SC20; RLW2003(4)SC563; 2003(5)SCALE361; (2003)6SCC545; 2004(1)SLJ401(SC); 2003(2)LC1325(SC)

..... this juncture, it is profitable to take note of the provision of section 24 of the rajasthan general clauses act, 1955 which is in pari materia with section 22 of the general clause act, 1897.36. section 24 of the rajasthan general clauses act, 1955 read thus:-'24. making of rules, etc. and issuing of ..... behalf has recently been laid down in high court of judicature at bombay through registrar and anr. v. brij mohan gupta, (dead) through l.rs. and anr. : [2003]1scr532 in the following terms:'rule 10(3)(c) of the maharashtra civil services (pension) rules, 1982 is applicable only to direct appointees ..... . ranga mohammed, : (1968)illj282sc (5 judges)2. shamsher v. state of punjab, : (1974)iillj465sc (7 judges)3. high court of judicature at bombay v. shirish kumar rangrao patil, : [1997]3scr1131 42. however, our aforementioned findings did not lead to a conclusion that the appellants would not be entitled to ..... the reasons were different. while one learned judge held that the order of 23.03.1999 retiring the appellants was sustainable under the rajasthan service rules, 1951, the other learned judge held that the order was sustainable under the all india judges' association and ors. v. union of india and ors. ( ..... not in accordance with law.46. this court said that this principle applies to all kinds of appeals admitted by special leave under article 139, irrespective of the nature of the subject-matter. so even after the appeal is admitted and special leave is granted, the appellant must .....

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Aug 17 1979

Lakshman Kumajibhai Barot Vs. Harishchandra Singh and Anr.

  • Decided on : 17-Aug-1979

Court : Gujarat

Reported in : (1979)2GLR563

..... hearing hereinafter i shall seriatim deal briefly with the grounds which were urged for my consideration.i-applicability of section 25 of the bombay police act, 1951:3. the submission was that the suspension in the instant case was governed by section 25(1) of the bombay police act, 1951 and that in order that suspension thereunder could be ordered, the competent authority must be satisfied that the person ..... suspension thereunder shall not be deemed to be punishment. the exercise of power of suspension, therefore, in the instant case is obviously under this provision and not under section 25(1) of the bombay police act.ii-suspension not by the competent authority:4. the submission under this head was that the petitioner was appointed by the special inspector general of ..... or statute providing for the scale of payment during suspension, the payment would be made in accordance therewith (see b.r. patel v. state of maharashtra : (1968)iillj700sc ). rule 151 of the bombay civil service rules empowers the state government to withhold pay for the period of interim suspension but the government servant is entitled thereunder to a subsistence allowance ..... he had been selected for admission to the sub-inspectors' training course commencing at the central police training school, junagadh from july 3, 1967, subject to his being found medically fit. now, in special civil application no. 139 of 1974 decided by a.d. desai and t.u. mehta, jj. on march 18, 1975, the principal question was whether in .....

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Dec 21 1993

Jayeshkumar G. Vyas and Ors. Vs. Vijay Housing Development and Anr.

  • Decided on : 21-Dec-1993

Court : Gujarat

Reported in : (1994)1GLR377

..... purchased in the said complex. it is contended that none of the occupiers were issued any notice under section 260(1) of the bombay provincial municipal corporations act, 1949 (hereinafter referred to as 'the act'). however, on 17th may, 1993, a demolition squad assisted by the police force, fire brigade etc. came to demolish the shops and a civil suit no. 2327 of 1993 ..... allowed the very purpose underlying the law would become illusive. the supreme court in context of unauthorised constructions has, in pratlma co-operative housing society ltd. v. state of maharashtra reported in air 1991 sc 1454, held as under:we are also of the view that tendency of raising unlawful constructions and unauthorised encroachment is increasing in the entire country ..... without giving the occupier an opportunity of being heard. the observations were made in context of provisions of section 414 of me calcutta municipal act, 1951. it was held that on a proper consideration of the first proviso to section 414(3) of the calcutta act, it seems that after a demolition order is passed and the copies of which are served on the ..... create any estoppel nor would it amount to waiver and an action can be taken under the provisions of the act for removing the unauthorised construction even in respect of properties for which taxes are recovered. proviso to section 139(2) of the act clearly envisages recovery of property taxes even in respect of buildings which are unauthorisedly erected. therefore, the contentions raised .....

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