Judgment Search Results Home > Cases Phrase: bombay police act 1951 maharashtra section 56 removal of persons about to commit offence Page 1 of about 570 results (0.144 seconds)

Mahantayya S/o Irapayya Radahatti Vs. The State Of Karnataka

Court : Karnataka Dharwad

..... removal of persons about to commit offence- (1) whenever it shall appear in greater bombay and other areas for which a commissioner has been appointed under section 7 to the commissioner and in other area or areas to which the state government may, by notification in the official gazette, extend the provisions of this section, to the district magistrate, or - 17 - nc:2023. ..... removal of persons about to commit offences. ..... khc-d:8524 wp no.104804 of 2023 section 55 is removal of persons who were about to commit offences. ..... khc-d:8524 wp no.104804 of 2023 maharashtra police act which is in pari materia with the act the apex court holds as follows: 6. ..... in the present case, clauses (a) and (b) of sub- section (1) of section 56 of the 1951 act have been invoked. ..... in the same decision, this court held that care must be taken to ensure that the requirement of giving a hearing under section 59 of the 1951 act is strictly complied with. ..... section 58 of the 1951 act reads thus: 58. ..... section 56 of the 1951 act reads thus: 56. ..... an order of externment passed under provisions of section 56 of the 1951 act imposes a restraint on the person against whom the order is made from entering a particular area. .....

Sri T Roopeshkumar @ Roopi Vs. State Of Karnataka

Court : Karnataka

..... removal of persons about to commit offence- (1) whenever it shall appear in greater bombay and other areas for which a commissioner has been appointed under section 7 to the commissioner and in other area or areas to which the state government may, by notification in the official gazette, extend the provisions of this section, to the district magistrate, or the sub-divisional magistrate specially empowered by the state government in that behalf (a) that the movements or acts of any person are causing or calculated to cause alarm, danger or harm to person or property or (b) that there ..... removal of persons about to commit offences. ..... (emphasis supplied) section 55 is removal of persons who were about to commit offences. ..... since the interpretation of the apex court of the provisions of the maharashtra police act are in pari materia with the act, it would become applicable to the case at hand. ..... in the present case, clauses (a) and (b) of sub-section (1) of section 56 of the 1951 act have been invoked. ..... in the same decision, this court held that care must be taken to ensure that the requirement of giving a hearing under section 59 of the 1951 act is strictly complied with. ..... section 58 of the 1951 act reads thus: 58. ..... section 56 of the 1951 act reads thus: 56. ..... an order of externment passed under provisions of section 56 of the 1951 act imposes a restraint on the person against whom the order is made from entering a particular area. .....

Sachin M R Vs. State Of Karnataka

Court : Karnataka

..... removal of persons about to commit offence- (1) whenever it shall appear in greater bombay and other areas for which a commissioner has been appointed under section 7 to the commissioner and in other area or areas to which the state government may, by notification in the official gazette, extend the provisions of this section, to the district magistrate, or the sub-divisional magistrate specially empowered by the state government in that behalf (a) that the movements or acts of any person are causing or calculated to cause alarm, danger or harm to person or property or (b) that there ..... removal of persons about to commit offences. ..... (emphasis supplied) section 55 deals with, removal of persons who are about to commit offences. ..... since the interpretation of the apex court of the provisions of the maharashtra police act are in pari materia with the act, it would become applicable to the case at hand. ..... in the present case, clauses (a) and (b) of sub-section (1) of section 56 of the 1951 act have been invoked. ..... in the same decision, this court held that care must be taken to ensure that the requirement of giving a hearing under section 59 of the 1951 act is strictly complied with. ..... section 58 of the 1951 act reads thus: 58. ..... section 56 of the 1951 act reads thus: 56. ..... an order of externment passed under provisions of section 56 of the 1951 act imposes a restraint on the person against whom the order is made from entering a particular area. .....

Amjad Khan Vs. The State of Maharashtra Through the Secretary Departme ...

Court : Mumbai Aurangabad

..... is only in the nature of executing bond of undertaking for maintaining peace, whereas, the preventive action under section 56 of the bombay police act, 1951 is intended to remove the person from the concerned area to ensure that he will not engage in similar activities in future. ..... section 56 of the maharashtra police act, 1951, provides that the officer empowered by the state government, on coming to the conclusion that the contingencies mentioned therein are fulfilled, may by an order in writing, direct the concerned person to remove himself outside such area or areas in the state of maharashtra within specified time and not to enter or return to the area as specified. ..... this provision of directing removal of a person about to commit offence, cannot be said to be a punitive provision attracting the rigor of article 20(2) of the constitution of india or section 300 of cr.p.c. ..... , requiring security for keeping the peace and for good behaviour, commonly known as chapter proceedings, nor the proceedings for externment undertaken by resorting to the provisions of chapter v of the maharashtra police act, 1951, are punitive in nature wherein punishment is inflicted upon the concerned person for any offence, we find no substance in contention of the learned counsel for the petitioner, that the petitioner is subjected to double jeopardy due to initiation of proceedings for his externment. .....

Mahavir Saremal JaIn Vs. the State of Maharashtra and Others

Court : Mumbai

..... section 56(1)(b) of the bombay police act reproduced above, not only there should be prosecutions for the offences punishable under chapter xii, xvi or xvii of the indian penal code, but in addition the officer concerned should be of the opinion that the witnesses are not willing to come forward to give evidence in public against the person against whom the externment proceedings have been started by reason of apprehension on their part as regards the safety of their person or ..... removal of persons about to commit offence ..... of such officer witnesses are not willing to come forward to give evidence in public against such person by reason of apprehension on their part as regards the safety of their person or property, (bb) that there are reasonable grounds for believing that such person is acting or is about to act (1) in any manner prejudicial to the maintenance of public order as defined in the maharashtra prevention of communal, antisocial and other dangerous activities act, 1980, or (2) in any manner prejudicial to the maintenance of supplies of commodities essential of ..... 153 /c/43/2012 dated 05-06- 2012 at gaondevi police station was issued by shri anil kumbhare, deputy commissioner of police zone ii , mumbai to the petitioner in exercise of power under section 56 of the bombay police act, 1951, whereby the petitioner was directed to be externed from the districts of greater mumbai, navi mumbai and thane, raigad districts for the period of one year with effect from the date the .....

ishwar Nagar Co-op. Housing Building Society. Vs. Parma Nand Sharma an ...

Court : Supreme Court of India

..... section 57 of the bombay police act, 1951 authorised removal of a person from an area if he has been convicted of certain offences ..... bombay police act, 1951 does not create a new offence nor makes punishable that which was not an offence ..... has acquired property on power of attorney or through agreement for sale and on conversion of the property from leasehold to freehold on execution of conveyance deed for it, if such person applies for the membership of the housing society concerned; (amended on 6.8.97)(ii) he deals in purchase or sale of immovable properties either as principal or as agent in the national capital territory of delhi: or (iii) he or his spouse or any of his dependent ..... the respondent-1 was also expelled on 14th january 1978 from the society under section 36(1) of the delhi cooperative societies act, 1972 (hereinafter referred to as "the act") for being a persistent defaulter, since he had not paid the dues ..... contended that at the time of acquisition of membership of the said society, the appellant's society was governed by the bombay cooperative societies act, 1925, which doesn't have any provision disqualifying a member of a cooperative society on acquisition of another property in ..... who is empowered to make rules about the conditions to be complied with by persons applying for admission or admitted as members, the same cannot be applied to the person who have already become a member to disqualify him for the act done prior to coming into force ..... state of maharashtra v. .....

Sharad S/O Chandanlal Jaiswal Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 1991(4)BomCR233; (1994)94BOMLR803

..... section 58 of the bombay police act, 1951, provides that a direction under sections 55, 56, 57 or 57-a not to enter any particular area, shall be for such period as may be specified therein and shall in no case exceed a period of two years from the date on which the person removes himself or is removed from ..... to him, the main basis on which the powers under the bombay police act were sought to be exercised as given in the notice are, that five cases for different crimes are registered against the petitioner in hingoli police station, alleging that he has committed cognizable offences and five cases have been reported which are non-cognizable in nature ..... appeal-memo, he submitted that the sub-divisional magistrate enquiring the matter, is a biased person for the reason that in june, 1988, he had caused the eviction of hutment dwellers during the rainy season which was objected to by the petitioner and the case of the hutment dwellers was represented by the petitioner before the state of maharashtra and for this reason, sub-divisional magistrate, hingoli, has passed the externment order without ..... the notice is to make aware the person against whom action is proposed about the allegations against him. ..... public prosecutor, representing respondents, submits that the removal of the petitioner from parbhani district, for a period of nine months is necessary and he was removed only for a period of about one month and further operation of the order was stayed by the interim relief granted by .....

Deepak Vs. The State Of Maharashtra

Court : Supreme Court of India

..... removal of persons about to commit offence- [(1)]. ..... the respondent no.2 by his order dated 15th december 2020 exercised the powers under section 56(1)(a)(b) of the maharashtra police act, 1951 (for short 1951 act ). ..... whenever it shall appear in greater bombay and other areas for which a commissioner has been appointed under section 7 to the commissioner and in other area or areas to which the state government may, by notification in the official gazette, extend the 7 provisions of this section, to the district magistrate, or the sub-divisional magistrate specially empowered by the state government in that behalf (a) that the movements or acts of any person are causing or calculated to cause alarm, danger or harm to person or property or (b) that there ..... a division bench of the bombay high court by the impugned judgment and 3 order dated 20th august 2021 dismissed the writ petition. ..... shri sandeep sudhakar deshmukh, the learned counsel appearing for the appellant has taken us through the impugned order of externment as well as the impugned judgment and order of the bombay high court. ..... the appellant questioned the impugned order of externment by filing a writ petition under article 226 of the constitution of india before the bombay high court. .....

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 ..... the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed:provided further that this clause shall not apply-(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or(b) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded ..... fact, if it is the appellant's case in the proposed amendments that the government had assured him and other constables that no action would be taken against them for any act of theirs, in respect of which action could be taken, committed prior to december 1981, the appellant's averment in his petition that he had never indulged in any activity which was criminal or which was against the security of the state or ..... to vacate as directed would expose him to action under sub-section (2) of section 31 of the bombay police act, 1951. ..... the evening at about 6,25 p.m. .....

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, ..... the suspension of article 19 during the pendency of the proclamation of emergency removes the fetters created on the legislative and executive powers by article 19 and if the legislatures make laws or the executive commits acts which are inconsistent with the rights guaranteed by article 19, their validity is not open to challenge either during the continuance of the emergency or even thereafter.it will thus appear clear that in that very case on ..... appears that in exercise of the power conferred under section 1(5) a regulation being regulation 24a was added to the schedule in 1922 act and this regulation 24a provided: 'any person who becomes or remains a member of an unlawful association or who does any act with a view to promoting or calculated to promote the objects of an unlawful association or seditious conspiracy shall be guilty of an offence against these regulations. ..... one thing must appear very clear from the order that the authority issuing the same has applied its mind to the relevant facts and has satisfied itself about the existence of necessity to impose prohibition for the preservation of the public order, having regard to the absurd results which are likely to flow from the impugned general orders as indicated above and the manner .....