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 .....Tag this Judgment!
Court : Mumbai
..... 4) that in exercising his jurisdiction u/sec.227 of the code the judge which under the present code is a senior and experienced court cannot act merely as a post office or a mouth-piece of the prosecution, but has to consider the broad probabilities of the case, the total ..... . 26. in stree atyachar virodhi parishad v. dilip nathumal chordia with state of maharashtra versus dilip nathumal, reported in 1989 (1) scc 715, the court observed thus: "11. sec. 227 of the code of criminal procedure having bearing on the contentions urged for the parties, provides: "227. discharge. ..... indian penal code for wrongful confinement. in that context, it was contended that simultaneous prosecution of these matters will embarrass the accused and the court considered the question whether criminal prosecution should be stayed. in that context, it was held thus: "as between the civil and the criminal ..... that there was in fact no such prayer in the revision applications. the learned counsel for the accused submitted that orders passed by this court expediting the trial did not extinguish the substantive remedies open to the parties, and expeditious disposal did not imply rushing through the matter trampling ..... pure and simple. 33. in suneet gupta v. anil triloknath sharma and others, reported in (2008) 3 scc (cri) 920, on which the learned counsel relied, the supreme court held as under: "18. the high court, in our opinion, rightly considered the facts in their proper perspective and observed that the dispute .....Tag this Judgment!