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Omkarsingh Sajjan Singh Jat and Others Vs. The State of Maharashtra an ...

Court : Mumbai

..... he, however, held that the accused persons had committed an offence punishable under section 124 of the bombay police act, 1951 (now maharashtra police act). ..... the reasoning of the learned judge, in that regard, is found in paragraph no.51 of the impugned judgment which is worth reproducing here: section 124 of bombay police act 1951 deals with possession of stolen property or property obtained fraudulently. ..... therefore, without framing charge, being a lesser section, accused can be convicted under section 124 of bombay police act, 1951. 28. ..... in my opinion, the essential ingredients of the offence punishable under section 124 of the maharashtra police act being different from, and not being included in the offence of dacoity, the offence punishable u/s.124 of the maharashtra police act, cannot be treated as a minor offence in relation to the offence of dacoity for the purpose of section 222 (1) of the code ..... even after holding that the accused nos.2 and 10 were guilty of an offence punishable under section 124 of the maharashtra police act, the learned judge categorically refused to connect the amount of rs.7,00,000/- to the amount which had been robbed by committing the dacoity in ..... is therefore, not possible to hold that all the ingredients of the offence punishable under section 124 of the maharashtra police act are included in the offence of dacoity, and that, the offence punishable under the maharashtra police act constitutes a complete minor offence of the offence of dacoity. 32. .....

Indian Hotel and Restaurant Association (Ahar) General Secretary Vs. T ...

Court : Supreme Court of India

..... after considering guidelines given by the aforesaid committee and independent studies on socio-economic situations of women involved in dance bars, section 33a and 33b were added vide bombay police amendment act, 2005 in maharashtra police act, 1951, (erstwhile bombay police act, 1951) which prohibited any kind of dance performance in an eating house, permit room or beer bar. ..... the restaurants/dance bar owners also have to obtain licences/permissions as listed below: (i) licence and registration for eating house under the bombay police act, 1951; (ii) licence under the bombay shops and establishment act, 1948 and the rules made thereunder; (iii) eating house licence under sections 394, 412-a, 313 of the bombay municipal corporation act, 1888; (iv) health licence under the maharashtra prevention of food adulteration rules, 1962; (v) health licence under the mumbai municipal corporation ..... the statement of objects and reasons clause appended to bill no.40 of 2005 as introduced in the maharashtra legislative assembly on 14-6-2005 reads as under: (1) the commissioner of police, district magistrates or other officers, being licensing authorities under the rules framed in exercise of the powers of sub-section (1) of section 33 of the bombay police act, 1951 have granted licences for holding dance performance in the area under their respective charges in the state. .....

Sahebrao Vithoba Pawar (M/s. Skylab Bar and Restaurant) and Others Vs. ...

Court : Mumbai

..... dated 6th september 2014 passed by the appellate authority, namely, the principal secretary, home department, government of maharashtra whereby the eating house licence, the public entertainment licence and the premises and performance licence in respect of the petitioners' establishment are suspended for an indefinite period under the provisions of section 33(wa) of the bombay police act, 1951 read with rule 222(2) of the rules for licencing and controlling places of public amusement (other than cinemas ..... learned senior counsel appearing for the fire department as well as for the thane municipal corporation and the learned agp for the state and having gone through the provisions of the fire safety act and the said rules as well as the relevant provisions of the bombay police act, 1951, and the impugned orders, i find merit in the petitions. 8. ..... under the provisions of section 33(wa) of the bombay police act, 1951 read with rule 222(2) of the said rules by passing separate order in each matter. ..... in the light of above discussion, petitions are disposed of by passing following order: 1] the impugned orders, namely, the order dated 2nd/4th august 2014 passed by the commissioner of police, thane and the order dated 6th september 2014 passed by the appellate authority, namely, the principal secretary, home department, government of maharashtra suspending licences in respect of the petitioners' establishments, are hereby quashed and set aside. .....

Suraj Vs. State of Maharashtra and Others

Court : Mumbai Aurangabad

..... the question that is referred for our consideration is, as to "whether the order passed by the state government, in exercise of powers conferred under section 60 of the maharashtra police act, 1951, confirming the order passed by the externing authority under section 56 and 57 of the maharashtra police act, 1951 can be construed as an 'order' within the contemplation of explanation to rule 18 of chapter xvii of the bombay high court appellate side rules, 1960". 2. ..... state of gujrath (1973) (14 glr 384), the full bench of the gujrath high court has concluded that, the order passed under section 56 and the preventive action taken by taking recourse to provisions of the maharashtra police act, 1951 under the relevant part of maharashtra police act, 1951 is in exercise of administrative powers by the authority, as it is observed, where an administrative power is exercised by the statutory authority and exercise of such power involves civil consequences to a person, the statutory authority must disclose the ground ..... the honourable supreme court considered the scheme of sections 56 to 61 of the bombay police act, (now the maharashtra police act) in the matter of hari gavali versus deputy commissioner of police (1956 cri lj 1104) and bhagubai dullabhabhai bhandari versus the district magistrate, thane. .....

Transmissions P. Ltd. and anr. Vs. C.V. Bapat and ors.

Court : Mumbai

Reported in : AIR1981Bom83; (1980)ILLJ476Bom

..... the present proceedings under article 226 of the constitution of india on 11th june, 1979, seeking the writ of mandamus directing the commissioner of police and the state of maharashtra to carry out their obligations and duty under the law including criminal procedure code, 1973 and the bombay police act 1951, and affording sufficient police protection to the petitioners in exercising their right of free and peaceful entry to the factory and to remove therefrom the goods and machinery ..... desai also invited my attention to the provisions of section 62 of the bombay police act and pointed out that the police officer is enjoined to prevent cognizable and non-cognizable offences to the best of his ability. ..... in my judgment the state police authorities were totally wrong in refusing to give police assistance as provided by the bombay police act, to enable the petitioners to enter their factory and remove their goods and machineries therefrom.20. mr. ..... relying upon these provisions under the bombay police act, it was urged by mr. ..... the workers prevented the company from taking out the completed goods from the factory premises and that led to the riling of the complaint under the maharashtra recognition of trade union and prevention of unfair labour practices act, by the company before the industrial court, thane, and the complaint was numbered as complaint (ulp) no. .....

N.P. Nathwani Vs. the Commissioner of Police

Court : Mumbai

Reported in : (1976)78BOMLR1

..... on october 9, 1975 the government of maharashtra accorded sanction for ex-lending the period of prohibitory orders issued under section 37(3) of the bombay police act, 1951 for a further period of one month with effect from october ..... after the proclamation of emergency declared by reason of danger to internal security, on june 27, 1975, the commissioner of police, greater bombay by his order issued under section 37(5) of the bombay police act, 1951, (bombay act xxii of 1951) prohibited any assembly of five or more than five persons and any procession of any persons for a period of one week as specified in the order and he considered it necessary for the preservation of public order to ..... . it is true that in this case the question that arose for consideration before the court was whether section 37(3) of the bombay police act, 1951 was itself ultra vires article 19 of the constitution or not but while refuting the contention that no kind of limitation was placed upon the powers of the commissioner of police acting under this provision, this court pointed out that one of the principal limitations that was placed by the section upon the ..... the contention on behalf of the petitioners is that the impugned orders, which are made in exercise of delegated powers conferred by section 37(3) of the bombay police act, 1951 and rule 69 of the defence and internal security of india rules, 1971, are ultra vires the provisions of the said section and the rule under which they are purported to .....

The State of Maharashtra and ors. Vs. S.P. Kalamkar

Court : Mumbai

Reported in : 2008(2)ALLMR649; 2008(2)BomCR575; (2008)110BOMLR512; 2008(4)MhLj553

..... for the respondents submitted that the impugned order passed by maharashtra administrative tribunal does not warrant any interference as the tribunal has rightly arrived at a finding that the order stands vitiated for want of compliance of section 26 of the bombay police act, 1951 which carves out an exception to the mandate of article 311 of the constitution of india and the proviso to section 26 of the said act and has placed reliance on the recent decision of ..... p.kalamkar challenged the order before maharashtra administrative tribunal which held that the state having failed to comply with the provisions of section 26 of the bombay police act, 1951, the impugned order of removal of police officers who were serving as senior police inspectors came to be quashed and ..... the state submitted that section 12a of the bombay police act, 1951 is very clear on the issue that the inspectors appointed within the area under control of commissioner of police, the said inspectors' appointing authority is the commissioner of police. ..... of the bombay police act, 1951 reads as ..... 8 and 9 of the reported judgment, this court has already taken a view that the case of the personnel of police force stands protected by s.26 of the bombay police act, 1951. ..... grant back wages to the respondents as it would be heavy burden on the public exchequer and the three respondents only stands benefited for non compliance of certain technicalities particularly compliance of section 26 of the bombay police act, 1951. 31. .....

State of Maharashtra and anr Vs. Indian Hotel and Retaurants Assn.and ...

Court : Supreme Court of India

..... the statement of objects and reasons clause appended to bill not lx of 2005 as introduced in the maharashtra legislative assembly on 14th june, 2005 reads as under: (1) the commissioner of police, district magistrates or other officers, being licensing authorities under the rules framed in exercise of the powers of sub-section (1) of section 33 of the bombay police act, 1951 have granted licences for holding dance performance in the area under their respective charges in the state. ..... the amended act no.35 of 2005, incorporating sections 33a & 33b in the bombay police act, 1951, came into force after receiving the assent of the governot of the maharashtra by publishing in the maharashtra gazette on 14th august, 2005. ..... having had an opportunity of going through the masterly exposition of the law in the crucible of facts relating to the violation of the provisions of articles 19(1)(a), 19(1)(g) and 21 of the constitution read with the relevant provisions of the bombay police act, 1951, i wish to pen down some of my thoughts vis-a-vis the problem arising in all these matters requiring the balancing of equities under articles 19(1)(g) and 21 of the constitution.2. ..... no.2052 of 2005, w.p.no.2338 of 2005 and w.p.no.2587 of 2005 passed by the high court of judicature at bombay, whereby section 33a of the bombay police act, 1951 as inserted by the bombay police (amendment) act, 2005 has been declared to be ultra vires articles 14 and 19(1)(g) of the constitution of india. .....

Anami Narayan Roy, Indian Inhabitant and ors. Vs. Suprakash Chakravart ...

Court : Mumbai

Reported in : 2009(3)BomCR221; 2009(111)BomLR869

..... the laws which may have direct or otherwise bearing on the matter in issue are the indian police services (recruitment) rules, 1954, the indian police services (cadre) rules, 1954, the bombay police act, 1951, the bombay police manual, 1959 and the allied statutes which have a bearing on various aspects of the other statutes being all india services act, 1951 and the rules and maharashtra civil services (general conditions of services) rules, 1981. ..... in terms of section 3 of the bombay police act, 1951, there is one police force for the whole of the state of maharashtra and such police force shall include every police officer referred to in clause (6) of section 2. ..... however, it is necessary to consider the relevant police rules including bombay police act, 1951, the indian police service (recruitment) rules, 1954, bombay police manual, 1959 and other related laws. ..... as far as appointment in accordance with various provisions of the statutes and particularly sections 4, 5 and 6 of the bombay police act, 1951 read with section 30 of the bombay police manual, 1959, the state government is empowered to make appointment to the post of director general and inspector general of police as well as to the additional director generals. .....

Rizwan Ahmed Javed Shaikh and ors. Vs. Jammal Patel, S.i. and ors.

Court : Mumbai

Reported in : 1990(2)BomCR297

..... elaborating this argument counsel urged that the entire police force in the state of maharashtra is governed by the provisions of the bombay police act, 1951 and the said act relates to maintenance of law and order and not ..... by sub-section (3) of section 197 of the code of criminal procedure, 1973 (2 of 1974), the government of maharashtra hereby directs that the provisions of the sub-section (2) of that section shall apply to the following categories of the members of the force in the state charged with the maintenance of public order wherever they may be serving namely :-(1) all police officers as defined in the bombay police act, 1951 (bom. ..... the notification issued under sub-section (3) of section 197 of the code, directed that the provisions of sub-section (2) shall apply to the police officers, that is, all members of the police force (as envisaged by the provisions of the bombay police act, 1951), and the state government invoked the provisions under sub-section (3) in their respect because they are persons charged with the maintenance of public order.'9. ..... the question that needs to be considered in this petition is whether notification dated 2nd june, 1979 issued by the home department, government of maharashtra applies to the police force as defined under bombay police act and whether the complaint lodged by the petitioners could be entertained without obtaining the previous sanction of the state government under sub-section (2) of section 197 of the criminal procedure .....