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 ..... mane, as displayed by his various acts of commission and omission is such that his continuance in the service is not desirable and he needs to be dismissed from the service:now, therefore, the governor of maharashtra in exercise of powers vested in him vide article 311 clause (2) proviso (c) read with article 310 of the constitution of india does hereby dismiss ..... 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. ..... from duty in concert with other members of the police force and had further acted in defiance of authority and also instigated his fellow constables to withdraw from duty and to wilfully disobey the orders of the superior officers and had participated in illegal activities along with other members of the constabulary in the city of bombay and that he had by his various acts of commission and omission disturbed public order and endangered the security of the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 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 and respondent no.2 is the appellate authority which has passed the impugned order dated 19.4.2012 confirming the order passed by the lower authority ..... concerned vicinity (prejudicial to public peace and antisocial), the respondent no.3 rightly initiated action against the petitioner under section 56 of the bombay police act and thereby gave show cause notice to him and thereafter, took action of externment of petitioner under section 57 of the bombay police act which comes within the ambit and purview of the said provisions under section 57 of the bombay police act and, therefore, there is no substance in the arguments canvassed by the learned senior counsel for the petitioner ..... the said context, he also canvassed that action of externment taken against the petitioner by respondent no.3 on the basis of solitary conviction under crime no.89/2000 of bhusawal city police station is not real import of section 57 of the bombay police act and hence, submitted that impugned order dated 5.12.2011 passed by respondent no.3 is without application of mind and same is erroneous and unsustainable. 9. ..... the outset, it would be useful to reproduce section 57(1) of the bombay police act 1951 for the reference as follows:- 57. .....
Tag this Judgment!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 ..... the exemption has been granted in the order itself that if anyone wanted to take out a procession for some other purpose which was lawful it was open to them under section 144, sub-section (4) to apply for an alteration of the order and obtain a special exemption, mere omission of the district magistrate to make the exemption clause of the order more comprehensive would not, in our opinion, vitiate the order on the ground that it places unreasonable ..... . singhvi, namely: 'mere omission of the district magistrate.. .....
Tag this Judgment!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. ..... 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 of the ..... the purposeful omission of the definition of obscenity has led to attack of section 292 of the penal code as being too vague to qualify as a penal provision. ..... 132, para 27) 21) likewise, arguments of the state questioning the opinion of the high court as the provisions to be ultra vires article 19(1)(g) were rejected by this court with the following discussion:"126. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 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 and respondent no.2 is the appellate authority which has passed the impugned order dated 19.4.2012 confirming the order passed by the lower authority ..... concerned vicinity (prejudicial to public peace and antisocial), the respondent no.3 rightly initiated action against the petitioner under section 56 of the bombay police act and thereby gave show cause notice to him and thereafter, took action of externment of petitioner under section 57 of the bombay police act which comes within the ambit and purview of the said provisions under section 57 of the bombay police act and, therefore, there is no substance in the arguments canvassed by the learned senior counsel for the petitioner ..... the said context, he also canvassed that action of externment taken against the petitioner by respondent no.3 on the basis of solitary conviction under crime no.89/2000 of bhusawal city police station is not real import of section 57 of the bombay police act and hence, submitted that impugned order dated 5.12.2011 passed by respondent no.3 is without application of mind and same is erroneous and unsustainable. 9. ..... the outset, it would be useful to reproduce section 57(1) of the bombay police act 1951 for the reference as follows:- 57. .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(4)BomCR39; (1991)93BOMLR220
..... another great reason which we must hold prevailed with the division bench and that is the bombay port trust had not framed any regulations though required under section 28 read with section 126 of the major port trusts act and what is more, bombay port trust had already framed regulations for class i and class ii posts. ..... 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 ..... to deviate from them by way of modification or supplementation except through the well-known process of formally applying for amendments.we do not think that any particular advantage can be derived by the respondents from that omission, for finally the petitioners have put under challenge the office memorandum of the government of india (exh. ..... 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 .....
Tag this Judgment!Court : Mumbai
..... 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 for licencing and controlling places of public amusement (other than cinemas ..... 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. ..... 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. ..... in pursuant of this letter, on 14th july 2014 a drive was started by the chief fire officer of thane municipal corporation respondent no.2 and notice under section 5(1) of the maharashtra fire prevention and life safety measures act, 2006 [ the fire safety act for short] was given for inspection of the premises. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)BomCR705
..... . 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 ..... was amended by adding the following prayer clause:(aa) that this hon'ble court be pleased by an appropriate writ/direction to declare that the provisions of the amending act xxv of 2005 amending the provisions of the bombay police act, 1951 by introducing section 33(a) and section 33(b) are not applicable to the establishments of the members of the petitioners' association who hold the requisite licences under section 2(9) and 2(10) of the bombay police act, 1951 ..... cases registered for indecent behaviour and/or violation of licensing conditions, are as under:-----------------------------------------------------sections year year year year year year total of 2000 2001 2002 2003 2004 2005 bombay police act, 1951-----------------------------------------------------33(w) 767 559 460 374 410 223 2793110 4427 2998 2971 2810 2051 2146 17403 -----------------------------------------------------total 5194 3557 3431 3184 2461 2369 20196 -----------------------------------------------------for offences under section 110 of the bombay police act, the maximum punishment is a fine of rs.1,200/- .....
Tag this Judgment!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 on which ..... 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. .....
Tag this Judgment!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. ..... 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. ..... 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. ..... 7th june, 2008 on the subject mentioned above and to state that rule 7(1)(b)(1) of ais (d&a;) rules, 1969 states that the authority to institute proceedings and to impose penalty 0 where a member of the service has committed any act or omission which renders him liable to any penalty specified in rule 6 of rules ibid - while he was serving in connection with the affairs of a state - will be the government of that state.2. .....
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