Judgment Search Results Home > Cases Phrase: bombay police act 1951 maharashtra section 60 appeal Court: karnataka Page 1 of about 2,313 results (0.159 seconds)

Karnataka Live Band Restaurants Association rep. by Its Secretary' and ...

Court : Karnataka

Reported in : ILR2005KAR5401; 2006(1)KarLJ300

..... information that the girls employed in dance bars in maharashtra may influx into bangalore to be employed in live bands in bangalore and after discussing the matter with the commissioner of police, bombay, he was satisfied that the bombay girls may influx into bangalore and many articles were also published in the media in regard to influx of girls from bombay and on the information received, exercising the proviso to section 31(6) of the karnataka police act, the licensing order in question was given effect ..... is required to be considered by this court in these writ petitions is whether the commissioner was satisfied with the circumstances existed on the date of issuance of the license order to dispense with the previous publication as per proviso to sub-section (6) of section 31 of the karnataka police act.11 in mohinder singh gill v. ..... being aggrieved by the judgment of the division bench, the persons who were running the live bands filed an appeal before the hon'ble supreme court in ca no. ..... 1857-58/2000, which appeals were allowed and the judgment of the division bench of the high court was set aside and thereafter the petitioners and others who are running the bar and restaurants are also entertaining ..... being aggrieved by the order of the learned single judge, the state preferred an appeal in writ appeal no. ..... the appeals of the state were allowed on 27.11.1998. .....

D.R. Shivappa Gowda Vs. Zilla Parishad, Chief Secretary

Court : Karnataka

Reported in : ILR1988KAR509

..... the supreme court in reversal of the judgment of the high court observed:'now, section 57 of the bombay police act, 1951, does not create a new offence nor makes punishable that which was not ..... repelled the arguments of the government pleader that section 57 of the bombay police act merely re-enacted the provisions of section 27 of the city bombay police act of 1902 and that a liability incurred under that act was preserved by the subsequent act. ..... 57 of the bombay police act 1951, does not create a new offence nor makes punishable that which was ..... the constitutional validity of the provisions of section 57 of the bombay police act was considered by the supreme court in ..... kumar patil submitted that these provisions are not in pari materia with the provisions of section 57 of the bombay police act and therefore this court has to distinguish the facts of this case from the facts of the case before the supreme court in : 1961crilj450 (supra), the state of bombay (now maharashtra) v. ..... business on the transferee of, or successor to, such business, transfer of liability of any firm or hindu undivided family to pay tax in the event of the dissolution of such firm or partition of such family, recovery of tax from third parties, appeals, reviews, revisions, references, refunds, penalties, compounding of offences and treatment of documents furnished by a dealer as confidential, shall apply accordingly:provided that if in any state or part thereof there is no general sales tax law in force the .....

Mr. N.K.P. Abdul Haq S/O Late Abdul Raheem Vs. State of Karnataka Home ...

Court : Karnataka

..... made on the eating house licence issued to the petitioner under the bombay police act, 1951 stated that the establishment could remain open till 1.30 a.m. ..... the simple expedient of a notification under the said act published in the official gazette and held that it would be impermissible by means of an administrative circular to issue directions which would run contrary to the opening and closing hours as they exist in pursuance of the exemption granted in the second schedule with reference to the premises of an establishment listed therein and accordingly quashed the endorsement issued under the bombay police act, 1951.24. ..... question as to the scope of the bombay shops & establishments act, 1948 and the bombay police act were not considered in detail as ..... therefore although we have concluded that on account of there being no previous sanction and publication of the order dated 19.05.2009, implies that it is ultra vires section 31(2) and 31[6] of the karnataka police act, nevertheless, exercising our discretion under article 226 of the constitution of india, we do not wish to set aside or keep the said notification in abeyance or come ..... the police act he has stated that section 2(14) pertains to public amusement and section 2(15) pertains to public entertainment and in the context of licensing and controlling of places of public entertainment (bangalore city) order, 2005 where timings were fixed, the challenge to the same were not successful and that the writ appeals were ..... maharashtra .....

Smt. D Roopa Vs. Sri. H N Sathyanarayana Rao

Court : Karnataka

..... state of mysore cited by mr poovayya, a three-judge bench of this court had, in the context of section 161 of the bombay police act, 1951, which is similar to section 170 of the karnataka police act, interpreted the phrase under colour of duty to mean acts done under the cloak of duty, even though not by virtue of the duty .40. ..... the law relating to the requirement of sanction to entertain and/or take cognizance of an offence, allegedly committed by a police officer under section 197 of the code of criminal procedure read with section 170 of the karnataka police act, is well settled by this court, inter alia by its decisions referred to above.66. ..... the language and tenor of section 197 of the code of criminal procedure and section 170 of the karnataka police act makes it absolutely clear that sanction is required not only for acts done in discharge of official duty, it is also required for an act purported to be done in discharge of official duty and/or act done under colour of or in excess of such duty or authority.70. ..... atma ram, was rendered in an appeal from a judgment and order of the high court, whereby the high court had reversed the conviction of the policemen concerned under sections 330, 342, 343 and 348 of the penal code, holding the prosecution to be barred under section 161(1) of the bombay police act. ..... the judgment in state of maharashtra v. ..... state of maharashtra , v.c. .....

Xiaomi Technology India Private Limited Vs. Union Of India

Court : Karnataka

..... 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; 51 (v) health licence under the mumbai municipal corporation act, 1888 for serving liquor; (vi) performance licence under rules 118 ..... that is projected by the petitioners to knock at the doors of this court despite the remedy of filing an appeal before the appellate tribunal being appealable under sub- section (5) of section 37a of the act is that the order of the competent authority affirming seizure by the authorised officer does not bear application of mind ..... would not become entertainable, as it is the discretionary remedy that this court would exercise to entertain a petition or otherwise even if it is maintainable, in the light of the aforesaid reasons and the statutory 91 mandate of filing an appeal, the petition would not merit any consideration, as any further observation by this court qua merit of the matter would seriously prejudice the case of the petitioner before the appellate tribunal.35. ..... further, the order passed by the appellate tribunal is further appealable before the high court under section 42 of the 2002 act on any question of fact or question of law arising out of the order passed by .....

G.K. Sheygoor and Another Vs. Corporation of the City of Bangalore and ...

Court : Karnataka

Reported in : AIR1991Kant161; 1990(2)KarLJ460

..... the said function has been specifically given to the police under the bombay police act and the said function has been advisedly kept out of the purview of the ..... viii levy any one or more of the following taxes : (i) to (iv) xx xx xx xx xx (v) a toll on vehicles other than motor vehicles paying vehicles tax under the karnataka motor vehicles taxation act, 1957 (karnataka act 35 of 1957) entering the corporation limits;' according to him, the said section does not authorise the corporation to levy fee. ..... to the petitioners it is a social service just to help another authority, namely, the police of the city in regulating or controlling the traffic so that the accident could be prevented ..... support of this contention he relics upon a decision of the bombay high court rendered in the case of noshir shapurji dhabhar v ..... state of maharashtra v. ..... 'shri subbanna contends that whenever the police in an area undertakes work to regulate and control the traffic, in the absence of any specific provision, either the municipality or the corporation will not get jurisdiction to levy fee on parking ..... of his contention, he relies upon a decision of the supreme court rendered in the case of the state of maharashtra v. ..... ' according to the petitioners neither under the karnataka municipal corporations act, 1976, nor under the bye-laws of the corporation any power conferred on the corporation to collect such a lee from the owners of the vehicles of different types who park their vehicles on these places .....

Narayanaswamy Vs. Bole Gowda

Court : Karnataka

Reported in : 1998(4)KarLJ259

..... following this decision, their lordships have held in a decision in state of maharashtra v atma ram and oth-ers, wherein it is held:'in order to seek protection conferred by section 161(1), bombay police act, there must be a reasonable connection or nexus between the alleged act of assault and confinement and the duty or authority imposed upon the officer under the bombay police act or any other enactment conferring powers on the police under the colour of which the act may be said to have been done. ..... office'.in state of maharashtra v narhar rao , their lordships of the supreme court held:'act done under colour of office' -- test -- reasonable connection between the act and power and duties of office must exist before the act is said to be done under colour of office --acceptance of bribe for weakening prosecution is not an act done under colour of office'.so from these decisions it is abundantly clear that the act as alleged by the respondent in the complaint is not attracted under section 170 of the police act.7. ..... venugopal and others, wherein it is held:'it is clear that unless the act complained of appears to have been done or intended to be done 'under' the provisions of the police act or of the other laws conferring powers on the police, the protection of section 53 will not be available'.in that case also their lordships have considered the scope of section 53 of the madras police act (which is pari materia same to section 70 of the karnataka police act). .....

B. Govindraj Hegde Vs. State of Karnataka, Department of Finance and E ...

Court : Karnataka

..... the hon ble supreme court in the case of state of maharashtra and anr vs indian hotels and restaurants association and ors (2013) 8 scc 519 dealing with the right of dance performers in hotels and bars which was banned by rules amended by the bombay police act, 1951 and such an amendment of s.33 a and b effected by the amendment act of 2005 was struck down by the hon ble supreme court ..... the hon ble supreme court in the case of r chandevarappa and ors vs state of karnataka (1995) 6 scc 309 and upholding the provisions of the sc/st (prohibition on transfer of certain lands) act, 1978 enacted by the state of karnataka and karnataka revenue code, the court held that the prohibitory clause is absolute in terms and stipulated to effectuate the constitutional policy and therefore, the alienation of ..... , in exercise of the powers conferred by section 71 of the karnataka excise act, 1965 (karnataka act 21 of 1966), the government of karnataka hereby ..... draft of the following rules further to amend the karnataka excise (sale of indian and foreign liquor) rules, 1968, was published as required by sub-section (1) of section 71 of the karnataka excise act, 1965 (karnataka act 21 of 1966) in notification no. ..... in accordance with the provisions of section 29 of the act and licensee or his employee shall be liable for prosecution for beach of any of the conditions of the license, under the provisions of the act or the rules and orders there ..... also not a case where a section of the people have been picked up .....

B Govindaraj Hegde, 53 Yrs Vs. State of Karnataka - By Its Prl. Secret ...

Court : Karnataka

..... right of dance performers in hotels and bars which was banned by rules amended by the bombay police act, 1951 and such an amendment of s.33 a and b effected by the amendment act of 2005 was struck down by the hon ble supreme court with the following relevant observations: ..... fd14pes2013 bangalore, dated:09.06.2014 whereas the draft of the following rules further to amend the karnataka excise (sale of indian and foreign liquor) rules, 1968, was published as required by sub-section (1) of section 71 of the karnataka excise act, 1965 (karnataka act 21 of 1966) in notification no.fd14pes2013dated 20-01-2014 in part-iv-a of the karnataka gazette (extra ordinary) no.fd41dated 20-01-2014 inviting objections and suggestions from all persons likely to be affected thereby ..... 1995) 1 scc574 a constitution bench of the hon ble supreme court, while upholding the validity of the ap (regulation of wholesale trade, distribution and retail trade in indian liquor & foreign liquor, wine and beer) act, 1993, repelled the challenge to the vires and summarised the legal position with regard to right to carry on trade or business in potable liquor in the following manner: (a) the rights protected by article 19(1) are ..... support from the recent judgment of the hon ble supreme court in the case of state of maharashtra & anr vs indian hotels and restaurants association & ors dt. ..... 19 mr mohan bhat also relied upon the decision of the hon ble supreme court in the case of reliance energy ltd & anr vs maharashtra dt. .....

Mariyappa Narasappa Halavagala Vs. Chief Secretary

Court : Karnataka

Reported in : ILR1988KAR2675

..... decisions, the supreme court, observes at para-12, --'now, section 57 of the bombay police act, 1951, does not create a new offence nor makes punishable that ..... this part of the article reads thus:'power of governor to promulgate ordinance during recess of legislature -xx xx xxan ordinance promulgated under this article shall have the same force and effect as an act of the legislature of the state assented to by the governor but every such ordinance -(a) shall be laid before the legislative assembly of the state, or where there is a legislative council in ..... classes as, --(i) the defectors who defected prior to 29-12-1986 who are not at all touched by the disabilities created by the act ;(ii) defectors, who defected between 29-12-1986 and 5-5-1987, who had no opportunity to comply with the requirements of the provisions of the act and thus stand condemned retrospectively, without any warning and without knowledge of the consequences of their conduct; and(iii) those who ..... bombay (now maharashtra ..... appeals the questions pertain to the interpretation and validity of the karnataka local authorities (prohibition of defection) act, 1987 (referred as 'the act ..... appeals ..... in none of the appeals before us, the learned counsel who argued, placed any material to show that prior to 29-12-1986 there was any defection by members of local bodies from political parties, who are allowed ..... ravivarma kumar and gangadharappa, the other learned counsel who argued for the appellants in a few other appeals.9. .....