Court : Mumbai
Decided on : Oct-15-1963
Reported in : AIR1964Bom253; (1964)66BOMLR230; 1964CriLJ523; 1964MhLJ360
..... official gazette declare to be an intoxicant.' it is not necessary to reproduce the definition of 'intoxicating drugs' given in c!. (23) of section 2. chapter ii of the act has enacted provisions to set up the establishment for the enforcement of the act. chapter iii contains prohibitions under the act. the various provisions of chapter iii contain inter alia the prohibitions relating to the ..... challenged before the learned magistrate. it would be erroneous to say that the provision in section 129a is vague since limitless blood can be taken from a man's body which may lead to fatal consequences. sub-section (2) of section 129a itself provides that the registered medical practitioner before whom a person has been produced shall examine such person and collect and ..... forward in the manner prescribed the blood of such person. sub-section (3) provides that it shall be lawful to use all means reasonably ..... the test is to be collected. by virtue of the powers conferred on the government by clause (w) of sub-section (2) of section 143 of the bombay prohibition act, rules are framed and those rules are called the bombay prohibition, (medical examination and blood test) rules 1959 rule 4 of these rules which provides for the manner and collection and forwarding of .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-02-1963
Reported in : (1964)66BOMLR42; 1964MhLJ273
..... the chemical analyser. but, in my opinion, the duty will not rest there. sub-section (2) of section 66 in terms says that the accused must also show that the medical preparation which he alleges to have consumed is one, the consumption of which is not in contravention of the act or any rules or regulations or orders made thereunder. it is in this context ..... medicinal preparation is not more than 4 c.c. or 4 ml. to be taken three or four times in 24 hours. that this medicinal preparation contains a very high degree of alcohol percentage is obvious, it being as high as 90 per cent. other spirits which are admittedly liquor or intoxicants such as whisky, gin, champagne or beer contain much ..... .p. limits are 86 to 90 per cent. v/v. the analysis has also given the quantity of total solids as 0.62 per cent., weight per ml. at 90 degrees to be 0.925 g. in the opinion of the chemical analyser, the sample complied with pharmacopoeia specifications. on the basis of this data, therefore, it has to be held ..... of law or presumptions of fact. it is also true that the nature of the burden expected to be discharged by an accused person may not be of the same degree of probability as to be beyond reasonable doubt, but may lead to a reasonably probable inference to satisfy the judge. a fact is said to be proved when after considering .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-17-1963
Reported in : 50ITR267(Bom)
..... us had been that the expression 'debt' within the meaning of section 2(m) is a liability existing on the date of valuation to pay an ascertained sum of money. in support of his contention mr. joshi referred us to the definition of the word 'debt' in earl jowitt's dictionary of english ..... the estimated liability for income-tax and business profits tax, as claimed by the assessee, could be allowed as a deduction under section 7(2) read with section 2(m) of the act (3) whether on the facts and circumstances of the case the liability in the sum of rs. 25,02,675 which arose ..... before the valuation date or any part thereof is allowable as a deduction in determining the net wealth of the assessee under section 7(2) read with section 2(m) of the wealth-tax act (4) whether on the facts and circumstances of the case the sum of rs. 20,23,500 being the provision made ..... as claimed by the assessee. 32. our answer to the first question, therefore, is that the said sum is an admissible deduction under section 2(m) of the act for the purpose of computation of net wealth of the assessee for the assessment year 1957-58. 33. this brings us to the second ..... acts, 1911 and 1913, and the regulations made thereunder, entered into an agreement with the panel doctors of their district by which the whole amounts received by the committee from the national insurance commissioners were to be pooled and distributed among the panel doctors in accordance with a scale of fees; the total amount available for medical .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-28-1963
Reported in : AIR1964Bom213; (1964)66BOMLR147; 1964CriLJ384
..... made by him is being challenged in this appeal.16. in 1948 the bombay lotteries and prize-competitions control and tax act 1948 came into-force. section 2(1)(d) of this act defines 'prize-competition' as including-(i) (1) crossword prize competition, (2) missing word prize competition, (3) picture prize competition, (4) number prize competition, or (5) any other prize competition, for which the ..... which does not depend to a substantial degree upon the exercise of skill' used in section 26(1) (b)of the act.27. the other judge cassels j. agreed with humphreys j. and observed :'a scheme must be looked at as a whole. if chance predominates and is the one outstanding; feature, then it comes within the definition of a lottery as laid down ..... pointed out, the only legislation with regard to lotteries was the one found in the indian penal code.'chagla c. j. had evidently in mind the definition of lottery given by humphreys j. in 1945 2 all e r 155 and he was stating the position as it is in english law. this is clear from the words 'as far as india ..... stated that the competition 'is essentially a literary pastime for the competitors as it is dependent upon (1) the application of the knowledge of the english language and literature, and (2) reference to authors and their works'.the petitioners therefore prayed that the respondents to the petition, the state of bombay and the collector of bombay who are the appellants before .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-22-1963
Reported in : AIR1965Bom13; (1964)66BOMLR332; ILR1965Bom87
..... as to give them widest possible application in connection with the places referred to in the act. in developing his argument, he has mainly relied upon the definition of the phrase ' restaurant or eating house' as contained in sub-section (25) of s. 2 of the act. the sub-section runs as follows :'restaurant or eating house' means by premises in which is carried on wholly ..... finding out whether a certain group of people can be described as 'a class of the public', two ingredients must be considered; (1) the group of persons must posses certain degree of numerical importance and must be a substantial body of the public. the persons constituting this body must have a common attribute or characteristic. 'a class of the public' is ..... further observed: 'but i think to bring any body of persons within the description of a class of his majesty's subjects within the meaning of section 153-a, the body of persons must posses certain degree of importance numerically. one cannot say that every group of persons is properly designated a class of his majesty's subjects. for example, i should ..... say that any one who attempted to promote feelings of enmity between members of the appellant side bar of this court, and members of the original side bar could not be said to be infringing. section .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-18-1963
Reported in : AIR1963Bom163; (1963)65BOMLR251; 1963MhLJ289
..... considered by us, as follows:'whether partition is a transfer within the meaning of sub-section (7) of section 38 of the bombay tenancy and agricultural lands (vidarbha region and kutch area) act, 1958?'2. the word 'transfer' is not defined in the tenancy act. clause (34) of section 2 of the tenancy act states that unless the context otherwise requires, the words and expressions used in this ..... tenant other than an occupancy tenant, if he bona fide requires the land for cultivating it personally. there is a proviso to this sub-section, with which we are not concerned. sub-section (2) of this section provides as follows:'(2) where the landlord is of the following category, namely: - (a) a minor,(b) a widow.(c) a serving member of the armed forces, or ..... -parceners and partition only enables him to acquire exclusive title to that land. as, therefore, in the words of the privy council, partition only enables him to obtain in a definite and specific form the land, which was his own, it cannot be said that he has acquired that land. by the process of partition, he no doubt acquires the interest ..... privy council in girja bai v. sadashiv dhundiraj, 43 ind app 151 at p. 161 : air 1916 pc 104, partition does not give him a title or create a title in him, it only enables him to obtain what is his own in a definite and specific form for purposes of disposition independent of the wishes of his former co-sharers. at .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-26-1963
Reported in : AIR1964Bom195; (1964)66BOMLR197; 1964CriLJ276; 1964MhLJ308
..... the complainant-company opposed the reference.3. while opposing the reference, mr. hardas submitted that under section 2 of the indian penal code every person shall be liable for punishment under the code and under section 11 ibid, a corporate body like a company is included in the definition of a 'person' and, therefore, a corporate body, like any other person, ought to be ..... (42): 'person' shall include any company or association or body of individuals whether incorporated or not'.however, that and the other definitions given in section 3 of the (central) general clauses act are governed by the qualifying clause in the main section no. 3 'unless there is anything repugnant in the subject or context' but such a qualifying clause is not appended to the ..... for offences falling within the three categories mentioned above. both these submissions would require careful consideration.4. sections 2 and 11 of the indian penal code are in the following words:'section 2. every person shall be liable to punishment under this code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within india ..... volume i, 1958.15. a perusal of the decision in 1944 1 kb 551 would show how the law on the point has been undergoing a change in england. section 2 of the interpretation act, 1889 (52 and 53 vict. c. 63) was in the following terms:'in the construction of every enactment relating to an offence, punishable on indictment, the expression person .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-10-1963
Reported in : AIR1965Bom114; (1964)66BOMLR758
..... is whether this contract should be considered as relating to matters considered as commercial under the law in force in india as mentioned in section 2 and whether the contract is commercial as envisaged in the preamble of the act. in this connection, mr. parpia has relied upon certain authorities, but the best authority in favour of the defendants is the observations ..... that in matters of commercial contracts foreign arbitrations and awards should be recognised and enforced. having regard to the purpose of the act, i have no doubt that widest meaning must be given to the word 'commercial' as contained in section 2. it is also important to bear in mind that though in the preamble the word 'contracts' is used, in the ..... ousted by agreements of parties. (17) mr. banaji has relied upon the preamble and section 2 of the act and argued that to the arbitration clause and the contract between the parties the provisions of the act are not applicable at all. the relevant parts of the preamble and section 2 runs as follows:'whereas india was a state signatory to the protocol on arbitration clauses ..... guaranteed is freedom in its widest amplitude - xxxxx'. mr. parpia has strongly relied upon the above observations and particularly the words 'communication of information'. mr. banaji has relied upon the definitions of the words 'commerce' and 'commercial' as contained in webster's third new international dictionary (unabridged). he has also relied upon the rules on the original side of this court .....Tag this Judgment!
Court : Mumbai
Decided on : May-04-1963
Reported in : AIR1964Bom160; (1963)65BOMLR755; ILR1964Bom210; 1964MhLJ25
..... of voters for the panchayat elections. rule 3 provides a follows:'3. maintenance and custody of lists of voters. - (1) the officer designated by the collector under sub section (2) of section 12 of the act shall maintain a list of voters of each ward of the village which shall contain that names of all persons who are enrolled as voters in the electoral ..... kept open for public inspection. such notice shall be affixed at the village chavdi and at the village panchayat office.' the provisions of sub-rule (2) indicate that tha officer appointed under sub-section. (2) of section 12 of the act (in the instant casa ha was mr. rupade) has from time to time to carry out in the authentic copy of each list of ..... respondents nos. 7 and 8 had stilt less votes, namely, 133 and 127. therefore, whether vithoba govinda sakode was rightly or wrongly allowed to vote will not in the slightest degree affect the election of the three petitioners for one vote will not affect the result of the election. in that view, we do not think that the question whether this ..... such ward or village, and we shall presently voters that this date was fixed with some definite object. the object is to be culled from the provisions of the rules made under the bombay village panchayats act read with the provisions of the representation of the people act and the registration of electors rules, 1960, upon some provisions of which mr. junankar on .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-04-1963
Reported in : 1963MhLJ382
..... in part an application made under sub-section (2) of s. 15, or a direction made under sub-section (3) or sub-section (4) of that section shall be final. (3) the provisions of s. 5 of the indian limitation act, 1908, shall be applicable to appeals under this section.' 22. section 17(1) deals with power to ..... judicial tribunal is that it is charged with a duty to decide disputes in a judicial manner and declare the rights of parties in a definitive judgment. to decide in a judicial manner involves that the parties are entitled as a matter of right to be heard in support of their ..... court' has not been defined in the contempt of courts act. it would, therefore, be useful, to refer to the definitions of 'court' mentioned elsewhere. coke on littleton and stroud defined the 'court' an a place where justice is judicially administered. section 3 of the indian evidence act defines 'court' an follows : ''court' includes all judges ..... already shown that the decision given by the authority appointed under the payment of wages act is a definitive judgment. 32. the next contention raised by irani is that even assuming that the authority under the payment of wages act is a court, it is not a court subordinate to this court, and therefore ..... out that for an authority to be a court an essential condition is that it must have power to give a decision or a definitive judgment which has finality or authoritativeness, whether subject to appeal or not. this characteristic, however, to not by itself enough to .....Tag this Judgment!