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Tukaram Bhau Mane Vs. State of Maharashtra

Court : Mumbai

Reported in : (1983)85BOMLR115; 1983MhLJ317

..... it appears that on august 21, 1982 the commissioner of police had issued a notice 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 india and that further orders for their eviction from the quarters occupied by them also had been issued. ..... of the petition, it has been stated as follows:i say that after considering the report of the inspector-general of police, the joint secretary, home department, the secretary, home department, the chief secretary, the minister of state for home, the chief minister (incharge of home, portfolio) and after perusing the related papers the governor of maharashtra had satisfied himself that in the interest of the security of the state it was not expedient to hold an enquiry ..... 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. ..... it is obvious that where the conduct for which he is punished, under article 311, when it was the same conduct which had been the subject-matter of a criminal prosecution in which the government servant was convicted, nothing remains to be done in any disciplinary inquiry. .....

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 10, 1975. ..... 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 prohibit any assembly of five or more than five persons and any procession of any persons in the area ..... in fact, it should not be overlooked that under section 135 of the bombay police act any disobedience of an order lawfully made inter alia under section 37 is made penal and is an offence punishable with imprisonment and fine. ..... . (4) of rule 69 the contravention of any order made under rule 69(1) has been made an offence punishable with imprisonment for a term which may extend upto three years or with fine or with both ..... (4) if any person contravenes any order made under this rule, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.37. .....

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

Court : Supreme Court of India

..... 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 act, 1888 for serving liquor; 22 (vi) performance licence under rules 118 ..... the judgments of this court clearly lay down the law to the effect that if two acts produce two different legal results, a conflict will arise.28) he further submitted that for contravening the provisions of section 6(4) of the act, the punishment provided under section 8(2) of the act was imprisonment for a term which may extend to three years or fine which may extend to rs.10 lakhs or both. ..... the petitioner in writ petition (civil) no.119 of 2017 is the bhartiya bargirls union, registered under the trade union act, 1926 and represented through its hony. ..... nikhil nayyar, learned counsel appearing for the writ petitioner in writ petition (civil) no.119 of 2017, submitted that the petitioner union, namely, bharatiya bar girls union comprises of women artists and talented professionals (collectively to be called as women performers ) working in varied roles such as dancers, singers or waitresses in bars, restaurants, .....

Kishore Baliram Balu Vs. Dy Comr of Police, Zone-i and Others

Court : Mumbai

..... he then proceeds to suggest that it matters not under what section of the bombay police act, 1951 the action is proposed so long as some action is taken ..... june 2013, we have had to deal with a quite extraordinary number of petitions challenging appellate orders under section 60 of the bombay police act, 1951 in externment proceedings. ..... has nothing whatever to do with section 56 of the bombay police act, 1951. ..... are proceedings supposedly under section 56(1)(b) of the bombay police act, 1951. ..... the preventive action is under section 56(1)(b) of maharashtra police act, 1951 was taken to maintain peace in the said area and is of preventive nature. ..... appellant has violated the impugned order on 09.04.2013 and a case under section 142 of the maharashtra police act, 1951 is registered against him. ..... the preventive action u/s 56(1)(b) of maharashtra police act, 1951 [sic] was taken to maintain peace in the said area and is of preventive ..... the preventive action is under section 56(1)(b) of maharashtra police act, 1951 was taken to maintain peace in the said area and is of preventive nature. ..... such holder of public office must exercise his powers for, and only for, the public good and to promote public interest. ..... section 56(1)(b) permits externment when the externing authority has reasonable ground to believe that a person is engaged or is about to be engaged in the commission of an offence involving force or violence, or an offence punishable under certain specified chapters of the indian penal code, .....

Vishvanath Putu Chipkar and ors. Vs. Mormugao Port Trust by Its Chairm ...

Court : Mumbai

Reported in : 1991(4)BomCR39; (1991)93BOMLR220

..... , uniform policy followed in the matter of promotion for class ii and class iii posts is 15% and 7 1/2% that this was done to achieve uniformity on all india basis.the division bench however, thought it fit not to interfere with the promotions already made but however, in the absence of the regulation or regulations not being made by bombay port trust under section 28 and 126 of the major port trust act for class iii and class iv posts and no adequate ..... we will presently point out that there had been a change in the reservation policy of the state government in the state of maharashtra itself and the reservation in enhanced from 6% to 7% for sc and 9% for st and despite this enhancement by the state government the bombay port trust was following the old policy of 6% for both st and sc and that too in the absence of regulation. ..... but, once the territory of goa was comprised as a separate state, by virtue of section 19 of the goa, daman and diu re-organization act, 1987, the constitution (scheduled castes) order, 1950, the constitution (scheduled castes) union territories) order, 1951, the constitution (scheduled tribues) order, 1950 and the constitution (scheduled tribes) (union territories) order, 1951, stood amended and the constitution (goa, daman and diu) scheduled castes order, 1968 and the constitution (goa .....

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

Court : Mumbai

..... for licencing and controlling places of public amusement (other than cinemas) and performances ..... 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 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 ..... 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. .....

Suraj Vs. State of Maharashtra and Others

Court : Mumbai Aurangabad

..... 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 ..... 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, ..... first, the externing authority must be satisfied that the movements or act of any person are causing or calculated to cause alarm, danger or harm to person or property or that there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under chapters xii, xvi or xvii of the indian penal code or in the abetment of any such offence and secondly ..... are subjected to its drastic rigour but it does not partake in any way of the nature of punishment. .....

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

Court : Mumbai

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

..... 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. ..... : [1998]2scr795 , where the supreme court, while dealing with its power of investigation or punishment for contempt of itself, held that the inherent jurisdiction of supreme court cannot be taken away and the directions issued by the supreme court in exercise of its powers under article 142 of the constitution are binding and ..... after the coming into force of the advocates act, 1961, exclusive power for punishing an advocate for 'professional misconduct' has been conferred on the state bar council concerned and the bar council of india. ..... the power to punish an advocate by suspending his licence or by removal of his name from the roll of the state bar council for proven professional misconduct vests exclusively in the statutory authorities created under the advocates act, 1961, while the jurisdiction to punish him for committing contempt of court vests exclusively in the courts.58. ..... since the suspension or revocation of licence of an advocate has not only civil consequences but also penal consequences, the punishment being in the nature of penalty, the provisions have to be strictly construed. .....

Shri Vinod Vithal Rane Vs. Shri R.H. Mendonca and ors.

Court : Mumbai

Reported in : 2001BomCR(Cri)537; (2001)2BOMLR307; 2001(2)MhLj437

..... this submission, the learned counsel for the petitioners have placed reliance on the legislative history to contend that the law relating to the preventive action under section 151 of the criminal procedure code as well as section 56(bb) of the bombay police act was specifically brought into existence by the maharashtra prevention of communal, anti-social and other dangerous activities act, 1980 (act 7 of 1981). ..... is likely to disturb public order: (iii) attempting to commit, or committing, or instigating, inciting or otherwise abetting the commission of mischief within the meaning of section 425 of the indian penal code in respect of public property or means of publictransportation, where the commission of such mischief disturbs, or is likely to disturb, public order; (iv) committing offences punishable with death or imprisonment for life or imprisonment for a term extending to seven years or more, where the commission of such offences disturbs, or is likely to disturb, public order. ..... any money or supplies any animals, vehicle, vessel or other conveyance or any receptacles or any othermaterials whatsoever in furtherance or support of the doing any of the above mentioned things by or through any other person, or who abets in any other manner the doing of any such thing; 2(b-1) 'dangerous person' means, who either by himself or as a member or leader of a gang, habitually commits, or attempts to commit or abets the commission of any of the offences punishable under chapter xvi or .....

The State of Maharashtra Vs. Sheshrao and Another

Court : Mumbai Aurangabad

..... , respondents accused no.1 and 2 filed application exhibit 46 invoking section 161 of the bombay police act, 1951 (hereinafter referred as the police act in brief), claiming that the complaint filed by magistrate as well as the charge sheet filed by the police regarding the offence alleged was time barred as the incident complained of that they had beaten complainant shantabai and her husband and outraged modesty of the lady while she was in police custody, was beyond the period of six months from ..... unless some nexus or connection between the duty of the police officer and the alleged act is shown, the protection under section 161 of the bombay police act will not be available. ..... narhar rao, reported in air 1966 sc 1783, observations of the hon'ble supreme court show that police officer accepting bribe to weaken case of prosecution against accused cannot be said to be committing acts under the colour of office or act done in excess of duty or authority within the meaning of section 161 of the bombay police act. ..... and police constable respectively, were facing trial for offence punishable under sections 330, 324, 323, 354, 166 read with section 34 of the indian penal code in clubbed trial r.c.c. ..... state of maharashtra, reported in [1999 (1) mh.l.j.204 to submit that even if it was alleged that, force was used against the complainant, the acts would be protected. ..... in the same report, in the matter of state of maharashtra vs. ..... in the matter of state of maharashtra vs. .....