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Omkarsingh Sajjan Singh Jat and Others Vs. The State of Maharashtra an ...

Court : Mumbai

..... he, however, held that the accused persons had committed an offence punishable under section 124 of the bombay police act, 1951 (now maharashtra police act). ..... he also submitted that the row house, the possession of which has been ordered to be taken by police for handing it over to milind shringarpure (pw 8) (who is the appellant no.1 in criminal appeal no.1024/04) and others, is patently illegal and absurd, as the row house in question had not at all been seized at any time in the course of investigation ..... cash of rs.6,58,000/- (which forms part of the cash of rs.7,07,805/- recovered in the course of investigation) which had been seized from the possession of milind shringarpure (appellant no.1 in criminal appeal no.1024/04) ought to have been returned to milind shringarpure only, and it could not have been returned to the company killburn engineering ltd. ..... the order directing the senior inspector of police, bhandup police station to seize and attach the row house; and to hand over the possession thereof to milind shringarpure, mrs.mita milind shringarpure and smt.shushma vinayak gupte (appellants in criminal appeal no.1024 of 2004) is quashed and set ..... thus, the said appeal is a composite appeal under section 374 as well as under section 454 of the code ..... sessions judge, the appellants in criminal appeal no.923/04 are also challenging the order of disposal of the property, as passed by the learned sessions judge under the provisions of section 452 of the code of criminal procedure .....

Shailendrasingh Alias Litil Sardar Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 2001ALLMR(Cri)1889; 2001CriLJ4514

..... the petitioner filed an appeal before the state government under section 60 of the bombay police act against the said externment order and the said appeal was dismissed by the principal secretary (appeals and security) to the government of maharashtra, home department, vide order dated 24th ..... in it was laid down by the division bench of this court that having regard to the scheme of the legislation it cannot be said that the right of appeal conferred under section 60 of the bombay police act is any way illustory. ..... has repeatedly held that opportunity of hearing under section 60 of the bombay police act is a must.6. ..... the matter be remanded back to the appellate authority for proper hearing is without any merit since the appellate authority failed to provide proper and sufficient opportunity to the petitioner of hearing and the appeal was decided way back on 24-7-2000 and at this stage to order the remand as requested by the learned app would be nothing but abuse of process of law. ..... it was specifically pointed out in para 13 of the said judgment that by section 60 of the act appeal is provided in general terms and the state government is expected to apply its independent mind to the material placed before it and that too after giving a reasonable opportunity to the appellant of being heard either in ..... thus crystal clear that no opportunity at all of hearting has been given in this case by the state government as statutorily required under section 60 of the bombay police act, 1951. .....

Rizwan Ahmed Javed Shaikh and ors. Vs. Jammal Patel and ors.

Court : Supreme Court of India

Reported in : AIR2001SC2198; 2001(1)ALD(Cri)902; 2001ALLMR(Cri)1512(SC); 2001CriLJ2897; JT2001(Suppl1)SC32; RLW2001(2)SC262; 2001(4)SCALE205; (2001)5SCC7; [2001]3SCR766

..... exercise of the power conferred by sub-section (3) of section 197 of the code of criminal procedure, 1973 (ii of 1974), the government of maharashtra hereby directs that the provisions of sub-section (2) of that section shall apply to the following categories of the members of the force in the state charged with the maintenance of public order wherever they may be serving, namely:-(1) all police offices as defined in the bombay police act, 1951 (bom. ..... case of bhikhaji vaghaji (supra) the notification dated 15.5.1974 issued by the state government under section 197(3) of the code of criminal procedure provided 'that the provisions of sub-section (2) of the said section shall apply to the police officers as defined by clause (11) of section 2 of the bombay police act, 1951...charged with the maintenance of public order'. ..... july, 1986 the appellants filed a complaint before the metropolitan magistrate, 27th court, mulund, bombay impleading two sub-inspectors, two senior police inspectors and a police inspector attached with chembur and bhandup police stations complaining of offences under sections 220 342 of ipc and 147(c) (d) and 148 of bombay police act, 1951. ..... ourselves in agreement with the view taken by the division bench of the gujarat high court in the case of bhikhaji vaghaji and therefore, also with the view taken by division bench of bombay high court in the order under appeal. ..... appellants have filed this appeal by special leave.3. ..... foregoing reasons the appeal is dismissed. .....

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. .....

Radhakisan Son of Waman Patol Vs. the State of Maharashtra and ors.

Court : Mumbai

..... 'a' (page14) upon the petitioner under section 59 of the bombay police act, 1951 and called upon the petitioner why he should not be externed from aurangabad and ahmednagar districts for a period of two years in accordance with section 56(1)(a)(b) of the bombay police act, considering his criminal activities in the said area and also specifying the offences registered and pending against ..... being aggrieved and dissatisfied by the said order of externment, the petitioner herein preferred appeal under section 60 of the bombay police act before the principal secretary (appeal and security) on 27.11.2010 and the copy of the said appeal is produced at exh. ..... said orders, it is apparent that the reply filed by the petitioner was considered while passing the order, dated 22.10.2010 by the deputy commissioner of police, aurangabad and even audience was given to the petitioner before passing the said order, as well as considering the contents in the appeal the petitioner was heard before passing the impugned order, dated 24.2.2011 and due opportunity was given to the petitioner as well as principles of natural ..... the petitioner claims to be the resident of wadgaon (kolhati), taluka and district aurangabad; whereas respondent no.1 is the state of maharashtra represented through the secretary, home department, mantralaya, mumbai and respondent no.2 is the deputy commissioner of police, zone, aurangabad; whereas respondent no.3 is the principal secretary (appeal and security), mantralaya, mumbai. .....

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) .....

Omaxe Infrastructure and Construction Ltd. Vs.union of India & Anr.

Court : Delhi

..... now, section 57 of the bombay police act, 1951, does not create a new offence nor makes punishable that which was not an offence ..... vishnu ramchandra (1961) 2 scr26 had applied the above principles to hold that an externment order under section 57 of the bombay police act could be made taking into account a conviction sufficiently proximate in time. ..... an externment order, however, to satisfy the requirements of section 57 of the bombay police act, must be made bona fide, taking into account a conviction which is sufficiently proximate in ..... reading of the above recommendation would show that the law commission took note of the fact that, while section 12(3) of the un- amended act provides that an arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to his independence or impartiality, the act does not lay down any conditions to identify the circumstances which give rise to justifiable doubts . ..... the supreme court in state of bombay (now maharashtra) vs. ..... of statutes as under:-" in all editions of maxwell on the interpretation of statutes it is stated that it is a fundamental rule of english law that no statute should be construed to have a retrospective operation unless such a construction appears very clearly in the terms of the act or arises by a necessary or distinct implication and this passage has received judicial approval by the court of appeal: see west v. ..... no.9/2018 page 16 jurisdiction to make the order complained of an the appeal fails. .....

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. .....

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). .....

Rahmat Khan @ Rammu Bismillah Khan Vs. Deputy Commissioner Of Police

Court : Supreme Court of India

..... this appeal is against a final judgment and order dated 29th january, 2021 passed by the nagpur bench of the high court of judicature at bombay, dismissing the criminal writ petition no.490 of 2018 filed by the appellant, challenging an order of externment dated 07.05.2018 passed by the deputy commissioner of police, zone-1, amravati city, under section 56(1)(a)(b) of the maharashtra police act, 1951, whereby the appellant has been directed not to enter or return to amravati city or amravati rural district for a period of one ..... otherwise, threat to lodge a complaint cannot possibly be a ground for passing an order of 18 externment under section 56 of the maharashtra police act, 1951, more so, when the responses of government authorities to queries raised by the appellant under the right to information act clearly indicate that the complaints are not frivolous ones, without substance. ..... 25th april, 2018 the appellant received another notice dated 20th april, 2018 from the office of the deputy commissioner of police, 7 zone 1, amravati city, under section 59 of the maharashtra police act 1951. ..... time thereafter, a show cause notice dated 3rd april 2018 was issued to the appellant from the office of the assistant police commissioner, gadge nagar division, amravati informing him of the initiation of externment proceeding against him under section 56(1)(a) (b) of the maharashtra police act, 1951. ..... as per the order under section 10(2) of the bombay police act (mumbai 22 of 1951) the govt. .....