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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: mumbai nagpur Page 1 of about 5 results (0.020 seconds)

Aug 13 2012 (HC)

M/s Hotel Shobha, through Its Proprietor: Shri Atul Virendrakumar Jais ...

Court : Mumbai Nagpur

..... respondent nos.4 to 6. they would indicate that the basis for the complaints is that the area is purely residential and further even the corporator from that ward as early in october, 2008 complained to the collector by stating that the establishment where the appellant is proposing or preparing to start a commercial activity and that too of serving liquor is ..... power which is in the nature of a trust, has not been exercised bearing in mind public interest and public good, then, while striking down the act and order, it is equally the duty of the court to remind the state of doctrine of good governance. precisely that has been emphasized in the order of the learned single judge. therefore, we are ..... legal injury to him. for example, in j.m. desai v. roshan kumar, (1976) 3 scr 58 : (air 1976 sc 578), this court noticed that the bombay cinematograph act, 1918 and the bombay cinema rules, 1954 made under that act, recognised a special interest of persons residing, or concerned with any institution such as a school, temple, mosque etc, located within a distance ..... of account this entry, which has a remote bearing, if any, on the object and scope of the present act. ? the above observations of the hon'ble supreme court have been made while construing the act of the maharashtra state, namely, the bombay prohibition act, 1949, but they seem to have no impact and the state is still not abiding by the same. judicial .....

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Aug 14 2014 (HC)

Mukesh and Others Vs. State of Maharashtra, through its Secretary, Hom ...

Court : Mumbai Nagpur

..... and sale of the liquor cannot be charged for illegally possessing foreign and country liquor under section 66(1)(b) of bombay prohibition act. high court also found arrest of petitioner and detaining him in contravention of specific orders issued by the inspector general of police. provision of section 50 ..... etc. versus the deputy excise and taxation commissioner and others etc. (air 1975 sc 1121) is consistently followed by the supreme court in the decisions reported in air 1975 sc 2008 (panna lal and others etc., etc. versus state of rajasthan and others), 1994 supp (1) scc 8 (state of u ..... counsel appearing for respondent police officers in writ petition no.148/2013. in reply submits that the challenge to fir under gambling act does not survive before this court because of para 6 in writ petition. subsequent orders dated 14.10.2013 and 29.10.2013 are also relied upon to ..... p. and others versus sheopat rai and others), (2004) 11 scc 26 (state of punjab and another versus devans modern breweries ltd. and another) and (2008) 10 scc 607 (state of madhya pradesh and others versus lalit jaggi) ? . it, therefore, follows that the licensee carrying on the business in liquor ..... looking to its spirit. power under section 104 becomes available, if the violation is reported to collector and in none of the matters before this court, police authorities have approached either the excise department or any prohibition officer including the collector. he also submits that the words ??illicit liquor ? or .....

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Sep 17 2013 (HC)

M/S. Vidarbha Winding Wires Ltd. and Others Vs. State of Maharashtra, ...

Court : Mumbai Nagpur

..... . the division bench found that legislation allowed benefit only on proportionate part of turn over. in earlier challenge, vide the judgment dated 13.10.2008 in case of pee vee textiles, the earlier division bench had found that in absence of rules prescribing the ratio, the deputy commissioner was not ..... while appreciating such schemes. 21. in pepsicoindia holdings (p) ltd. v. state of kerala, (2009) 13 scc 55, at page 77 , hon. apex court has observed : ??53. an exemption notification and a notification withdrawing the benefit granted would, however, stand on different footings. for the said purpose, the industrial ..... 8.6.1995 and it reads:-- ??-section 41c- cancellation of certificate of entitlement (1) notwithstanding anything contained in this act, or in any judgment, decree or order of any court or tribunal to the contrary, the certificate of entitlement issued in favour of an eligible unit by the commissioner in respect of ..... of the provision. ? 22. we find that the division bench of this court considers the original 1979 scheme as also amendment made to it vide gr dated 5.7.1982 in judgment reported at 2008 (12) ljsoft 203-2008(s) bom.c.r. 92- vinods/o ratilal patira vs. commissioner of sales ..... tax and ors. however this judgment considers the position of law prevailing prior to addition of s.41c to the state act. petitioners in this reported judgment had .....

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Sep 04 2013 (HC)

Nandu S/O Sambaji Nagarkar Vs. State of Maharashtra, Through Its Secre ...

Court : Mumbai Nagpur

..... maharashtra, (supra), the said judgment would not be applicable to the facts of present case. after said judgment was delivered, section 20 of the said act has suffered various amendments which permits even a profit to be recovered. in that view of the matter, the said contention is without any substance. 12 ..... it can thus clearly be seen that the division bench in unequivocal terms held that in view of various amendments to section 20 of the said act, it is now not only permitted to recover the costs of certain anticipated works by defining the expression ??capital outlay ? but it is also ..... when lord coke reported 'heydon's case (v) ? . in ?? 'eastman photographic material co. vs. comptroller general of patents, designs and trade marks' 1898 act 571 at p.576 (x) earl of halsbury reaffirmed the rule as follows : ??my lords, it appears to me that to construe the statute in question, it ..... of the total capital outlay incurred, although such vehicles may have enjoyed such augmentation of facilities only partially. 10. by another amendment in 2001 vide act no. 17 of 2001, a further amendment was made to the said section so as to permit the construction of bridges and development projects on ?? ..... parties. 2. the petitioner, who claims to be a social worker, has approached this court seeking a direction to quash and set aside the tender notice published in the daily ??nav bharat ? dated 21.04.2008 and the whole process undertaken by the respondents in pursuance of the aforesaid tender notice. .....

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Aug 13 2012 (HC)

M/s Hotel Shobha, through Its Proprietor: Shri Atul Virendrakumar Jais ...

Court : Mumbai Nagpur

..... respondent nos.4 to 6. they would indicate that the basis for the complaints is that the area is purely residential and further even the corporator from that ward as early in october, 2008 complained to the collector by stating that the establishment where the appellant is proposing or preparing to start a commercial activity and that too of serving liquor is ..... power which is in the nature of a trust, has not been exercised bearing in mind public interest and public good, then, while striking down the act and order, it is equally the duty of the court to remind the state of doctrine of good governance. precisely that has been emphasized in the order of the learned single judge. therefore, we are ..... legal injury to him. for example, in j.m. desai v. roshan kumar, (1976) 3 scr 58 : (air 1976 sc 578), this court noticed that the bombay cinematograph act, 1918 and the bombay cinema rules, 1954 made under that act, recognised a special interest of persons residing, or concerned with any institution such as a school, temple, mosque etc, located within a distance ..... of account this entry, which has a remote bearing, if any, on the object and scope of the present act. the above observations of the hon'ble supreme court have been made while construing the act of the maharashtra state, namely, the bombay prohibition act, 1949, but they seem to have no impact and the state is still not abiding by the same. judicial .....

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