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PETITIONER:
THE STATE OF BOMBAY AND ANOTHER...from the judgment and order of the High Court of Judicature at Bombay upon the application of one F.N. Balsara (hereinafter referred to as the petitioner), assailing the validity of certa...
Vs.
RESPONDENT:
F.N. BALSARA
DATE OF JUDGMENT:
25/05/1951
BENCH:
FAZAL ALI...
...State of Bombay and another v. F.N. Balsara, reported in AIR 1951 SC page 318 ( at page-32) held..., areas under:
14. In Anant Mills Company v. State of Gujarat and others, reported in 1975(2) SCC Page-175, the Court held...-Divisional Officer in exercise of the power under
sub-section (gg) of Section 95 shall be revisable by the Commissioner of the Division and also by the State Government...
...summary by his Lordship Fazl Ali, J., in The State of Bombay and another v. F.N Balsara(1) of the princip...reasonable and just relation to the things in respect of which it is proposed. Vide also State of West Bengal v. A.A Sarkar(3).We did not understand Mr. Kumaramangalam...Industrials v. State Of Madras. It was therein pointed out that on principle classification made by the Legislature can be as valid as classification made by executive or administrative bodies. Actually...
...discussed by the Supreme Court in recent decisions and the principles relating thereto were summarised by Fazl Ali, J. in The State of Bombay and ...,. The contention was overruled and the prior ruling of the Court in The State Of West Bengal v. Anwar Ali Sarkar, was distinguished, ...exemptions in a taxing statute. As Stone, J. observed in Carmichael v. Southern Coal and Coke Co.(2):“It is inherent in the exercise of the power to tax that a State be...
...A.K Gopalan v. State Of Madras ., AIR 1950 SC 27; D.S. Nakara and others v. Union ...
Smt. Vimla Srivastava v. State of U.P. and another, 2016(1)
A...."
12. I had occasion to consider in Manjul Srivastava v. State of U.P. and others...
...State of Bombay and another v. F.N. Balsara, AIR (38) 1951 SC 318, The ...its judicial review. The Hon'ble Supreme Court in the case of Murlidhar Agrawal and another v. State of Uttar Pradesh and others...Court in E.P. Royappa v. State of T.N., (1974) 4 SCC 3...
...submission.13. The Apex Court in (The State of Bombay and another v. F.N. Balsara)11, A.I.R. 1951 S.C. 318, had laid down that Notification containing order made.... State of Bombay v. F.N. Balsara, A.I.R. 1951 S.C. 318.12. Orient Paper Mills Ltd. v. Union ...retrospective operation, it cannot be so construed as to have the effect of altering law applicable to a claim in litigation at the time the Act was passed. In Arjun Singh and another v. State of Punjab an...
...State of Bombay and another v. F.N. Balsara, AIR (38) 1951 SC 318, The ...Hon'ble --- 22 --- Supreme Court in the case of Murlidhar Agrawal and another
v. State of Uttar Pradesh and others, AIR 1974...arbitrary or unreasonable. This Court in E.P. Royappa v. State of T.N., (1974) 4 SCC 3...
...in State of Bombay and Another v. F.N Balsara (1951) 54 Bom LR 325.5. Venkatarama Ayyar, J. dissented from this view. He was...State of Bombay v. F.N Balsara case Balsara case (1951) 54 Bom LR 325 was to engraft an appropria...considered that State of Bombay v. F.N Balsara case Balsara case (1951) 54 Bom LR 325 did not imp...
...form. The answer to this is to be found in the Constitution Bench judgment of the Supreme Court, in State of Bombay and another ...1951 Supreme Court 318). In that case, pursuant to the Bombay Prohibition Act and in furtherance of the State policy under...impugned letter, dated 17.03.2016, cannot be sustained. 76. We may usefully refer to the decision of the Supreme Court, in K.T. Plantation Private Limited and another v. State ...
...Chowdhury v. Union of India and others and The State of Bombay and another v. F.N. Balsara and reiterated the principle that presumpt.... Some of these decisions are : M/s. Steelworth Limited v. State of Assam; Gopal Narain v. State of Uttar Pradesh and another; Ganga Sugar Corporation Limited v...., R.K. Garg v. Union of India and others and State of W.B. and another v. E.I.T.A. India Limited and others.28. In R.K. Garg, the Constitution Bench of t...
...‘fundamental right is in no case’ saved, cannot therefore be accepted.”29. In State of Maharashtra v. Mumbai Upnagar Gramodyog Sangh...such control and restriction was necessary for the preservation of public health and morals and to raise revenue. In The State of ...preparations. In State of Bombay v. R.M.D Chamarbaugwala and Another, AIR 1957 SC 699. The Supreme Court said that...
...were rejected upholding the levy of license fees imposed under the Mumbai Municipal Corporation Act.
Lastly, it was submitted that the validity of Section 386(2) of...regulatory purpose. The decision in case of Mumbai Municipal Corporation, the facts were different and the same was distinguished as the expenses in the said case were with regard to the activity of..., AIR 1951 SC 41 and The State of Bombay and another V/s. ...
...decision of the Honble Apex Court in case of The State of Bombay and another Vs. F.N. Balsara, reported in AIR 1951, SC pg 818. In the year 1949, in the erstwhile State ...but while imposing prohibition for the State of Bombay, certain establishments and certain areas were left out of the purview of prohibition laws. Army canteens and Army establishments were such areas...State of Uttarakhand & others ..Respondents Present:- Mr. Arvind Vashishta, Senior Advocate assisted by Mr. Rajat Mittal, Advocate for the petitioners. Mr. Paresh Tripathi, Chief Standing Counsel for...
...the subject lying within the competence of another legislature vide State of Bombay v. F.N. Balsara....another entry nugatory vide Calcutta Gas Co. (Proprietary) Ltd. v. State of W.B. This is especially so when some of the...topic or category of legislation vide United Provinces v. Atiqa Begum.
64. Another important aspect while construing the entries...
.... Saraswathi Ammal, AIR 1952 Mad 193 (A) and - State of Bombay v. Narasu Appa Mali, AIR 1952 Bom 84 (b). section 497..., penal code was also impugned as being invalid in - Yusuf Abdul Aziz v. State, AIR 1951 Bom 470 (C) on the...discrimination. If between one person of the same class and another there is scope for making arbitrary difference in the application of the law, then it may be open to attack; but when the law applies...
...Collector of Mumbai City Division, who issues licence under the Bombay Prohibition Act, 1949 (the Act, for short) read with the Maharashtra Country Liquor Rules, 1973 (the Rules, for...attitude of the government to the policy of prohibition has apparently changed drastically. This is reflected in the Preface written by the Commissioner of State Excise, Maharashtra State Mumbai t...meeting the financial needs of the State. What is more relevant here is to notice that the monopoly in the trade is with the State and it is only a privilege that a licensee has in the matter of manufactur...
...— ‘The State Of Bombay v. Narasu Appa Mali…Accused.’, AIR 1952 Bom...Bom 470 (C) on the score of discrimination between man and woman in regard to the offence of adultery but the Court held it was valid. As observed in...— ‘State of Bombay v. F.N Balsara’, AIR 1951 SC 318 at p. 320 (D) the “classification is bound to ...
.... ‘State of Bombay v. F.N Balsara’, AIR 1951 S.C 318 at p. 326 (B).25. Also, I do not see, how .... Anyhow, such a state of things was not contemplated. This brings us to the real genesis of the situation, which has given rise to this application and a number of others. I am told that the matter...College affiliated to this University.”15. In my opinion, Chap. XVI, R. 7 of the regulations is not intended to cover the case of a student migrating from another University or Education...
...Village Panchayats Act, 1958 (Bom. III of 1959) and Rules made thereunder. The voters shall produce their photo identity before the Gram Sabha for verification as the voter is resident of the...the State. What is more relevant here is to notice that the monopoly in the trade is with the State and it is only a privilege that a licensee has in the matter of manufacturing and vending liquor.”...functions and duties of another department and might equally ran counter to the obligation of a welfare state. The learned Single Judge has, therefore, emphasized that liquor licences may generate...