Court : Mumbai
Reported in : 1996(1)BomCR88
..... mr. s.a. jaiswal, learned counsel for the petitioner in the present writ petition is that the respondent no. 2 deputy commissioner of police, east zone, nagpur, who passed an externment order under section 56 (a) and (b) of the bombay police act, 1951 (for short 'the act') was not authorised and competent to do so under sub-section (2) of section 10 of the said ..... this behalf. the learned public prosecutor has brought to my notice the ordinance to amend the bombay police act, 1951 and to make certain validating provisions. the ordinance was promulgated on 24th june, 1994 and published in the official gazette on the day. the said ordinance called 'the bombay police (amendment and validation) ordinance, 1994 having come into force provides in section 3 as under :'3 .....
Tag this Judgment!Court : Supreme Court of India
..... paragraphs 1 and 2 of the impugned externment order are extracted hereinbelow for convenience:1. whereas as per the order under section 10(2) of the bombay police act (mumbai 22 of 1951) the govt. of maharashtra by order no.maharashtra ordinance no.9/94 dt.24th june, 1994 has directed that, deputy commission of ..... 6.that all the three firs are output of personal allegations levelled against me and no allegations which satisfies a requirement of section 56(1)(a)(b) of the bombay police act. thus the three firs cannot be a ground of externing me from entire amravati district.20. on 25th april, 2018 the appellant received another notice dated 20th ..... of the high court of judicature at bombay, dismissing the criminal writ petition no.490 of 2018 filed by the appellant, challenging an order of externment dated 07.05.2018 passed by the deputy commissioner of police, zone-1, amravati city, under section 56(1)(a)(b) of the maharashtra police act, 1951, whereby the appellant has been directed not .....
Tag this Judgment!Court : Mumbai
..... , dated 14.8.2010 and the copy of said show cause notice is produced at exh.'a' (page14) upon the petitioner under section 59 of the bombay police act, 1951 and called upon the petitioner why he should not be externed from aurangabad and ahmednagar districts for a period of two years in accordance with section 56(1 ..... even after passing the impugned order of externment on 22.10.2010, the petitioner committed breach of the conditions thereof and the offence under section 142 of the bombay police act has been registered against him on 21.6.2011, which itself indicates the conduct of the petitioner. it is further submitted that the principal secretary (appeal and ..... )(a)(b) of the bombay police act, considering his criminal activities in the said area and also specifying the offences registered and pending against him. the petitioner replied to the said notice by reply .....
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..... or his co-licensee have not been prosecuted and they have not committed any offence and that the criminal prosecution under section 110,117 and 33 of the bombay police act, 1951 is pending and hence, facts or the incidents which led to the filing of such criminal proceedings cannot be made foundation for action of suspension of license. ..... of rules 8(1) and 8(2). 13. i have considered the rival submissions. it is necessary to note down the relevant provisions of the bombay police act, 1951 and 1953 rules framed by the commissioner of police, mumbai. the relevant provisions are sections 2(5a): eating house, 2(10) : "place of public entertainment" , section 33(1)(w),(y),( ..... as cashier. in view of this two actions were taken. vide c.r.no. 2337/2009 and 2349/2009 the local act offences were registered under sections 110 and 117 of the bombay police act, 1951; whereas local act offence no. 2350/2009 and 2352/2009 was registered against the manager ganesh bhoja shetty under section 33(w) read with .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)MhLj939
..... period of two years from the date when he removes himself from those areas, in exercise of powers under section 56(1)(a) and (b) of the bombay police act, 1951. 2. the first contention raised before this court is that there was only one criminal case registered against the petitioner. indeed, reliance is also placed on two ..... using that deadly weapon, when required. it is on that basis the matter was considered by the appropriate authority and subjective satisfaction reached that the movements or acts of the petitioner were causing or calculated to cause alarm, danger or harm to the person or property or that there are reasonable grounds for believing that ..... in isolation. there is other material on record, which justifies the subjective opinion reached by the authority - that having regard to the nature of movements and acts and the activities of the petitioner, there is apprehension in the minds of general public and there is likelihood of causing alarm, danger or harm to person or .....
Tag this Judgment!Court : Mumbai
Reported in : (1983)85BOMLR115; 1983MhLJ317
..... he was further warned by the said order that his failure to vacate as directed would expose him to action under sub-section (2) of section 31 of the bombay police act, 1951. the appellant thereupon filed the writ petition on the original side of this high court, out of which the present appeal arises, seeking to quash both the said ..... in which it was stated that 23 policemen mentioned in the said notice had been dismissed from the bombay city police force by the government of maharashtra with effect from august 18, 1982 by an order under section 25(2) of the bombay police act read with clause (c) of the second proviso to article 311(2) of the constitution of ..... , b. no. 18806 bombay city police force, an opportunity of showing cause against, the action proposed to be taken in regard to him, as envisaged in subclause (2) of the said article;and whereas the governer of maharashtra is satisfied that the conduct of shri t.b. mane, as displayed by his various acts of commission and omission is .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the judicial pronouncement cited by the learned senior counsel for the petitioner carefully. 13. at the outset, it would be useful to reproduce section 57(1) of the bombay police act 1951 for the reference as follows:- 57. removal of persons convicted of certain offences:- [(1)] if a person has been convicted - (a) (i) of an offence ..... has dropped the said externment proceedings on 7.8.2007 observing that there were no sufficient grounds to extern the petitioner under section 56 (b) of bombay police act. however, according to the petitioner after lapse of about four years and that too on the verge of the elections of municipal council, a show cause ..... special duty in appeal no.235/2011 be quashed and set aside. 3. the petitioner is the aggrieved person against whom action under section 57 of the bombay police act, 1950 has been taken by the respondents, whereas respondent no.1 is the state of maharashtra represented through its principal secretary, home department, mantralaya, mumbai .....
Tag this Judgment!Court : Mumbai
Reported in : (1976)78BOMLR1
..... 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 ..... 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 ..... , 1975. 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 10, 1975. in view of the said order, the order dated october 1, 1975 was continued .....
Tag this Judgment!Court : Supreme Court of India
..... 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. section 33b provided an ..... 127. the activities of the eating houses, permit rooms and beer bars are controlled by the following regulations: (i) the bombay municipal corporation act; (ii) the bombay police act, 1951; (iii) the bombay prohibition act, 1949; (iv) the rules for licensing and controlling places of public entertainment, 1953; (v) the rules for licensing ..... identical nature made by the respondents failed to pass the constitutional muster. the provisions of sections 33a and 33b inserted vide amendment act, 2005 to the bombay police act, 1951 had been struck down as unconstitutional being in contravention of articles 14 and 19(1)(g) of the constitution. in spite .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the judicial pronouncement cited by the learned senior counsel for the petitioner carefully. 13. at the outset, it would be useful to reproduce section 57(1) of the bombay police act 1951 for the reference as follows:- 57. removal of persons convicted of certain offences:- [(1)] if a person has been convicted - (a) (i) of an offence ..... has dropped the said externment proceedings on 7.8.2007 observing that there were no sufficient grounds to extern the petitioner under section 56 (b) of bombay police act. however, according to the petitioner after lapse of about four years and that too on the verge of the elections of municipal council, a show cause ..... special duty in appeal no.235/2011 be quashed and set aside. 3. the petitioner is the aggrieved person against whom action under section 57 of the bombay police act, 1950 has been taken by the respondents, whereas respondent no.1 is the state of maharashtra represented through its principal secretary, home department, mantralaya, mumbai .....
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