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Ramarai Rammilan Rai Vs. State of Maharashtra

Court : Mumbai

..... kansara for the petitioner advanced following submissions : (a) the petitioner 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. ..... the relevant provisions are sections 2(5a): eating house, 2(10) : "place of public entertainment" , section 33(1)(w),(y),(xa) and sections 110, 117, 131 and 162 of the bp act, 1951 and rules 1,2,3,6,8,21, 21-a, 24 and 27 of the rules framed by the commissioner of police under section 33 of the bombay police act, 1951. ..... 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. ..... a license to keep a place of public entertainment has been given to the petitioner and one yar mohammad kallan under section 33(1) (w) & (y) of the bombay police act, 1951 subject to the rules framed under the said act. ..... by the impugned judgment and order dated 02.09.2011, the hon'ble minister for home affairs, government of maharashtra has dismissed the said appeal. 10. mr. ..... state of maharashtra & ors. ..... state of maharashtra & ors. ..... aggrieved by this order, the petitioner filed an appeal under rule 28 of the said rules. ..... state of maharashtra. .....

Syed Akber Syed HussaIn Vs. the State of Maharashtra and anr.

Court : Mumbai

Reported in : 1992(2)BomCR166

..... thereafter, on 23-4-1990, petitioner preferred an appeal under section 60 of the bombay police act, 1951 to the state of maharashtra. ..... in the absence of such evidence coming forward in reply to the allegation made by the petitioner, it is not possible to hold that any opportunity was given by the state government while hearing the appeal of the petitioner under section 60 of the bombay police act, 1951.3. ..... 1090/135/special branch - 5 by the assistant secretary (special) of the state of maharashtra dismissing the appeal of the appellant filed by him under section 60 of the bombay police act challenging the externment order dated 25-4-1990 is hereby quashed. ..... the power given under section 60 of bombay police act, 1951 is not purely the executive of power and if the appellate authority has to apply its mind, it would contemplate hearing to the appellant and the other parties ..... residents and shop keepers of the said localities living under the threats of assault and deterred by the behaviour of the petitioner, are not coming forward to depose against him and it is necessary that action under section 56 of the bombay police act, 1951 be taken against the petitioner. ..... though the very nature of the proceedings under sections 56 to 59 of the bombay police act would not require a detailed reasoning and a detailed discussion about the evidence produced against person to be externed, there should be some indication that the authorities have applied their mind and the statutory requirement of .....

Balu Shivling Dombe Vs. the Divisional Magistrate, Pandharpur and anr.

Court : Mumbai

Reported in : AIR1969Bom351; (1969)71BOMLR79; 1969CriLJ1341; 1969MhLJ387

..... this petition has been filed under arts, 226 and 227 of the constitution of india to challenge the legality of an order of externment passed against the petitioner under section 56(a) of the bombay police act 1951, by the divisional magistrate, pandharpur and confirmed in appeal by the state of maharashtra.2. ..... on or about 15th june 1967 the petitioner was served with a notice issued by the sub-divisional police officer pandharpur, under section 59 of the bombay police act, 1951 calling upon him to show cause why he should not be externed for a period of two years from the districts of sholapur, satara and poona. ..... section 56 of the bombay police act, 1951, is restrictive of the fundamental rights 'to move freely throughout the territory of india' and 'to reside and settle in any part of the territory of india' , which have been guaranteed by arts. ..... in the first place, the impugned order is not covered by clause (a) of section 56 of the bombay police act, 1951. ..... this inference also follows from the fact that chapter v of the bombay police act, in which section 56 falls, bears the heading 'special measures for maintenance of public order and safety of state ..... the expression 'alarm, danger or harm to person or property', which occurs in section 56(a) of the bombay police act, must if possible be so interpreted as to ensure that the provisions of that section are in conformity with the fundamental rights guaranteed by art. ..... the order was made under section 56(a) of the bombay police act. .....

Abdul Wahab Vs. the Sub-divisional Magistrate, Malegaon and Another

Court : Mumbai

Reported in : 1991(3)BomCR582; 1992CriLJ326

..... 226 of the constitution, the petitioner challenges an order of externment dated january 17, 1990 passed against him under section 56(1)(b) of the bombay police act, 1951 by the sub-divisional magistrate, malegaon, sub-division, malegaon (first respondent) which was confirmed by the state of maharashtra (second respondent) on june 2, 1990 in an appeal. 2. ..... solkar is again correct in making a submission that the provisions of section 56(1)(b) of the bombay police act would not be attracted in a case that was compromised inasmuch as in a compromised case the question of witnesses being afraid of giving evidence in the court does not arise. 6. ..... therefore, the contention of the learned advocate is correct that the externment order was passed not in consonance with the provisions of section 56(1)(b) of the bombay police act and once again with total non-application of mind. mr. ..... solkar is that the impugned externment order under section 56(1)(b) of the bombay police act could be passed only if there were reasonable grounds for believing that the persons sought to be externed has engaged or was about to engage himself in commission of an offence involving force or violence or an offence punishable under chapter xii, ..... it appears that the petitioner had filed an appeal to the government of maharashtra which came to be rejected on june 2, 1990. .....

Hanuman Rajaram Mhatre Vs. the State of Maharashtra

Court : Mumbai

..... assistant commissioner of police of thane had submitted report under section 56 (1) (a) (b) of the bombay police act, 1951 and alleged that the acts of the petitioner in the area and surrounding area were likely to cause danger, harm and terror, detrimental to the lives of people there creating law and order situation, as the petitioner is likely to indulge in commission ..... direct such person or immigrant so to conduct himself as shall seem necessary in order to prevent violence and alarm [or such prejudicial act,] or the outbreak or spread of such disease or [notwithstanding anything contained in this act or any other law for the time being in force, to remove himself outside such area or areas in the state of maharashtra (whether within the local limits of the jurisdiction of the officer or not and whether contiguous or not), by such route, and ..... 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, or (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 ..... which was challenged in appeal before secretary, home department government of maharashtra .the appeal was rejected on 15th october 2012 .it is case of the petitioner that he is law abiding citizen, resident of dombivali (west) .....

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

Court : Mumbai

..... 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 ..... challenged the order of the commissioner of police by filing appeals before the appellate authority, namely, the principal secretary, home department, government of maharashtra. ..... the petitioners thereafter preferred appeals and the appellate authority directed the petitioners to again submit certificates in compliance with the notice dated 14th july 2014 to the chief fire officer and the chief fire officer was directed to make scrutiny of the documents and submit report to the commissioner of police and the commissioner of police was directed to take final decision on the basis ..... [g] the petitioners also submitted that during the pendency of appeals, under the directions of the appellate authority they again submitted required certificates to the fire department officials who were present at the time of hearing and despite this, subsequent to the order of the ..... case of the petitioners that again these certificates were submitted to the chief fire officer during the pendency of appeals. mr. .....

Baburao Changa Patil Vs. the State of Maharashtra and Another

Court : Mumbai

Reported in : 2012CrLJ3039

..... commissioner of police, zone-i, thane, under the provisions of section 56(1)(a) and 56(1)(b) of the bombay police act, 1951 (hereinafter referred to as the said act) and confirmed in appeal by the state of maharashtra. 4 ..... there are five cases pending against him as per the following details: s.no.police stn.c.r.no.sections of lawpresent position1.mumbra325/02454, 457, 380, 34pending in court.2.mumbra194/04326, 323, 343.shildighar27/10324, 504, 506, 336, ..... on 17/8/2011, the petitioner was served with a show cause notice under section 59(1) of the said act, informing him that it had been proposed to extern him from thane district, for a period of two years and asking him to show cause as to why he should not be externed from the districts of thane, mumbai ..... in the appeal filed before the hon'ble home minister of maharashtra, the petitioner raised a number of contentions including that the order passed by the ..... of police, zone-i, thane, passed an order externing the petitioner from the limits of the districts, thane, mumbai and raigad for a period of one year under the provisions of section 56(1)(a and b) of the said act. 7 ..... commissioner of police, zone-a, thane, as also the order dated 28/11/2011 passed by the principal secretary, home department, mumbai, in appeal no.ext/2011/197vs-3(a) are quashed and set aside. ..... undoubtedly section 56 of the said act enables the externing authority to extern a person, even from an area outside the local limits of the jurisdiction of the externing .....

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. ..... thus, it is essentially required to examine as to whether the order passed in an appeal by the state government under section 60 of the maharashtra police act, 1951 is an order passed under quasi-judicial authority or whether it shall be construed as an administrative order. 3. ..... the issues, as to whether the authority while passing an order of externment under section 56 of the maharashtra police act, 1951 is bound to give reasons in support of the order and as to whether the state government exercising powers in appeal against the order of externment under section 60 of the act is bound to disclose reasons in support of its order, has been considered by the full bench of the gujrath high court in the matter of sandhi mamad kala versus state of gujrath (1973 (14) glr 384). .....

Mahavir Saremal JaIn Vs. the State of Maharashtra and Others

Court : Mumbai

..... 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 ..... 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 the community as defined in the explanation to sub-sect ion (1) of sec ..... this court questioning validity of the order dated 31-08-2012 in appeal no ext 2012 /128 passed by the principal secretary, home ministry of the state of maharashtra who dismissed the appeal of the petitioner against the externment order dated 05-06-2012 passed by the deputy commissioner of police zone -2 mumbai, whereby externing the petitioner from the districts of brihan mumbai (greater mumbai) mumbai police commissioner zone, navi mumbai, thane and raigad for period ..... appeal before secretary, home department government of maharashtra. .....

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. ..... reportable in the supreme court of india civil appellate jurisdiction civil appeal no.2705 of 200.1 state of maharashtra & anr. ..... ...respondents with civil appeal no.2704 of 200.state of maharashtra & ors. ..... reportable in the supreme court of india civil appellate jurisdiction civil appeal no.2705 of 200.state of maharashtra & anr. ..... , at 118, we cannot agree with the new york court of appeals that statute violates united states constitution. ..... therefore, we find no merit in these appeals and the same are accordingly dismissed.126. ..... the court of criminal appeal (england) held that as regards the cases in which indecent performances or exhibition are alleged, a disorderly house is a house conducted contrary to law and good order in that matters performed or exhibited are of such a character that their ..... since, no counter appeal has been filed by any of the respondents challenging the aforesaid findings, it would not be appropriate for us to opine on the correctness or otherwise of the aforesaid conclusions.90. .....