Judgment Search Results Home > Cases Phrase: bombay police amendment act 2008 maharashtra section 5 repeal of mah ord ix of 2008 and saving Page 1 of about 495 results (0.101 seconds)

State of Maharashtra and anr Vs. Indian Hotel and Retaurants Assn.and ...

Court : Supreme Court of India

..... as under: 33a(1) notwithstanding anything contained in this act or the rules made by the commissioner of police or the district magistrate under sub-section (1) of section 33 for the area under their respective charges, on and from the date of commencement of the bombay police (amendment) act, 2005,- (a) holding of a performance of dance, of any kind or type, in any eating house, permit room or beer bar is prohibited; (b) all performance licences, issued under the aforesaid rules by the commissioner of police or the district magistrate or any other officer, as the ..... 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. ..... it is not for us to resolve empirical uncertainties underlying state legislation, save in exceptional case where that legislation plainly impinges upon rights protected by the constitution itself. ..... (2008) 4 scc 72.[28]. .....

Rushikesh Tanaji Bhoite Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : (2012)2SCC72; AIR2012SC890

..... the last criminal case referred to in the grounds is against the detenu for the offences under sections 143, 147, 323, 504, 506, 353, 427 of the indian penal code read with section 7 of criminal law amendment act read with section 37 (1)(3) for breach of section 135 of the bombay police act, 1951, registered at dharangaon police station on august 14, 2010.7. ..... gokhale)new delhi,january 4, 2012item no.201 court no.10 section iia s u p r e m e c o u r t o f i n d i a record of proceedingspetition(s) for special leave to appeal (crl) no(s).6118/2011 (from the judgement and order dated 13/05/2011 in crlwp no.123/2011 of the high court of bombay at aurangabad) rushikesh tanaji bhoite petitioner(s) versus state of maharashtra & ors. ..... on january 10, 2011, the district magistrate, jalgaon in exercise of the powers conferred upon him by sub-section (1) of section 3 of the maharashtra prevention of dangerous activities of slumlords, bootleggers, drug offenders and dangerous persons act, 1981 (for short 'the 1981 act') and the government order home department (special) mantralaya, mumbai no. ..... it would be, thus, seen that the order releasing the detenu on bail in the crime registered on august 14, 2010 and the order relaxing the bail condition were passed by thejudicial magistrate, 1st class, dharangaon much before the issuance of detention order dated january 10, 2011. ..... shankar chillarge, learned counsel for the state of maharashtra and mr. .....

Indian Hotel and Restaurants Association (AHAR), an Association duly r ...

Court : Mumbai

Reported in : 2006(3)BomCR705

..... on behalf of the state the learned advocate general has made the following statement:(1) the government of maharashtra is aware of and sympathetic to the need to rehabilitate bar girls affected by the provisions of the bombay police (amending act) 2005. ..... challenge in all these petitions is to the constitutional validity of sections 33a and 33b of the bombay police act, as amended by the bombay police (amendment) act, 2005. ..... be gainfully reproduced:33a(1) notwithstanding anything contained in this act or the rules made by the commissioner of police or the district magistrate under sub-section (1) of section 33 for the area under their respective charges, on and from the date of commencement of the bombay police (amendment) act, 2005,-(a) holding of a performance of dance, of any kind or type, in any eating house, permit room or beer bar is prohibited;(b) all performance licences, issued under the aforesaid rules by the commissioner of police or the district magistrate or any other officer ..... a casus omissus ought not to be created by interpretation, save and except in case of necessity. ..... an advertisement giving information regarding a life saving drug may be of such more importance to general public than to the advertiser who may be having purely a trade consideration ..... according to the contention they have no savings to fall back upon. ..... if a case of violation of a constitutional provision is made out then the state must justify that the law can still be protected under a saving provision. .....

Mr. Prakash Babu Harmalkar Vs. State of Maharashtra,

Court : Mumbai

Reported in : 2006(2)BomCR54; 2006(1)MhLj728

..... or controlled fully or partly by the state government or any co-operative society registered under the maharashtra co-operative societies act, or any foreign consulate, by whatever name called, and on the date of coming into force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction) (amendment) act, 1996 are allowed by the state government to remain in their occupation and possession means the principal officer-in-charge of such office or department or public sector undertaking or corporation ..... purpose to any person and on the date of coming into force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction) (amendment) act, 1996, such person or his legal heir is allowed by the state government to remain in occupation or possession of such premises for his or such legal heir's own residence, means such person or legal heir;' it will also be relevant to take into consideration the provisions of section 15(b)(1)(b) of the said amendment act, which reads as ..... would be relevant to reproduce the said provision of section 5(1a) of the said amendment act which reads as under:- '5(1a) 'government allotted',-. ..... word 'government allotted' has been defined under section 5(1a) of the said amendment act. ..... our view, the commissioner of police, in his official capacity, would be a deemed tenant within the meaning of section 5(1a)(b) of the said amendment act. .....

Indian Hotel and Restaurant Association (Ahar) General Secretary Vs. T ...

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. ..... the reason for this course of action is that many arguments of the petitioners proceed on the basis that some of the provisions in the acts and the rules are akin to sections 33a and 33b which were inserted vide bombay police amendment act, 2005 in maharashtra police act, 1951. ..... . in the alternative, he argued that principle of severability can always be applied and the provision should be saved by excising offending portions therefrom.67) rule 2(b) of the rules which defines criminal record was sought to be justified on the ground that this provision is made to instill purity in public life ..... . be that as it may, the very reasons proclaimed by the state government currently 10 11 12 (1973) ilr1299(bom) (1981) 19 dlt210(2004) 2 mah lj7249 have been considered and rejected by this court in indian hotel and restaurants association (1) for the lack of cogent evidence .....

Dnyaneshwar M. Satav Vs. Jalindhar Dgondiba Kharabi and Others

Court : Mumbai

..... to the above referred actions not only because of the purport of section 16 of the act but more importantly because the gram panchayats have since been given special status after the insertion of the (seventy fourth amendment) act, 1992, whereby, part ix of the constitution of india has ..... -section 2 has been amended by maharashtra act 36 of 1965 (section 10) and the portion which was initially reading as in every case where vacancy has occurred under this section ..... 'section 57 of the bombay police act, 1951 does not create a new ..... a period of six years has elapsed since the date on which he is ejected therefrom or he ceases to be the encroacher; or * * * (2) the question whether a person is or has become subject to any of the disqualifications under sub-section (1), shall after giving an opportunity to the person concerned of being heard, be decided (i) if such question arises during the process of an election, by an officer as may be authorized in this behalf by the state government, in consultation with the ..... j 450 where section 57 of the bombay police act, 1951 authorised removal of a person from an area ..... in the meeting of the gram sabha dated 15th august 2008 and the minutes of meeting of gram panchayat held on 12th ..... save as otherwise provided in the act hold office for a term of five years and commencement of the term of office of the members elected at a general election or appointed under section 10(3) shall be deemed on the date of first meeting of the panchayat (see section .....

Dnyaneshwar M. Satav Vs. Jalindhar Dgondiba Kharabi and Others

Court : Mumbai

..... to the above referred actions not only because of the purport of section 16 of the act but more importantly because the gram panchayats have since been given special status after the insertion of the (seventy fourth amendment) act, 1992, whereby, part ix of the constitution of india has ..... -section 2 has been amended by maharashtra act 36 of 1965 (section 10) and the portion which was initially reading as in every case where vacancy has occurred under this section ..... 'section 57 of the bombay police act, 1951 does not create a new ..... a period of six years has elapsed since the date on which he is ejected therefrom or he ceases to be the encroacher; or * * * (2) the question whether a person is or has become subject to any of the disqualifications under sub-section (1), shall after giving an opportunity to the person concerned of being heard, be decided (i) if such question arises during the process of an election, by an officer as may be authorized in this behalf by the state government, in consultation with ..... j 450 where section 57 of the bombay police act, 1951 authorised removal of a person from an area ..... in the meeting of the gram sabha dated 15th august 2008 and the minutes of meeting of gram panchayat held on 12th ..... save as otherwise provided in the act hold office for a term of five years and commencement of the term of office of the members elected at a general election or appointed under section 10(3) shall be deemed on the date of first meeting of the panchayat (see section .....

Shri Parsha @ Rajendra Singh Chandan Singh Mander Vs. Shri M.N. Singh, ...

Court : Mumbai

Reported in : (2001)3BOMLR699; 2001CriLJ3536; 2001(2)MhLj928

..... 150 of 2000 under section 397 of the indian penal code r/w 37(1)(a) of the bombay police act, registered against the detenu at antop hill police station on the basis of a complaint lodged by shri hasmukh kanji gadda and two in camera statements, namely of witness 'a' recorded on 9.5.2000 and witness 'b' recorded on 10.5.2000.since, in our view, the details relating to the said ..... singh, commissioner of police, greater bombay, detaining the detenu under sub-section (1) of section 3 of the maharashtra prevention of dangerous activities of slumlords, bootleggers, drug offenders and dangerous persons act. ..... is averred that the translation which has been supplied to the detenu is a fairly correct translation of the original documents and the said translation conveys a correct gist of the contents of the original documents. ..... 6(g) in short is that the impugned detention order, grounds of detention and the documents of compilation in english and marathi along with their hindi translation were furnished to the detenu. ..... , the learned counsel for the petitioner-detenu that because of furnishing of copies of grounds of detention order which contained wrong translation, the petitioner-detenu got confused and thereby his right to effective and earliest representation against the impugned order got impaired and therefore, the said impugned detention order is vitiated and hence, the said detention order is to be quashed and set aside.8. ..... lv of 1981) (amendment 1996), hereinafter referred to as the .....

Board of Control for Cricket in India Vs. Kochi Cricket Pvt Ltd and Et ...

Court : Supreme Court of India

..... that such a provision is akin to a repeal and savings clause would be clear when it is read with section 27 of the amendment act and section 85 of the 1996 act, which are set out hereinbelow: section 27. ..... immediate effect of the proposed section 87 would be to put all the important amendments made by the amendment act on a back-burner, such as the important amendments made to sections 28 and 34 in particular, which, as has been stated by the statement of objects and reasons, have resulted in delay of disposal of arbitration proceedings and increase in interference of courts in arbitration matters, which tend to defeat the object of the act , and will now not be applicable to section 34 petitions filed after 23rd october, 102 2015, but will be applicable to section 34 petitions filed in cases ..... in that judgment, it was observed, while dealing with section 57 of the bombay police act, 1951, that the expression has been punished is in the present perfect tense and can mean either shall have been or shall be . ..... maharashtra airport bombay high court: development company ..... global asia venture company (slp(c) no.20224 of 2016) and m/s maharashtra airports development company ltd. v. ..... asia venture company (slp(c) no.20224 of 2016), m/s maharashtra airports development company ltd. v. ..... state of maharashtra (1994) 4 scc602at 633, this court stated: (iii) every litigant has a vested right in substantive law but no such right exists in procedural ..... maharashtra small-scale industries development .....

Raghubir Singh and ors. Vs. State of Bihar

Court : Supreme Court of India

Reported in : AIR1987SC149; 1987CriLJ157; 1986(2)SCALE452; (1986)4SCC481; [1986]3SCR802

..... all that has in fact happened is that a special judge's court was created for purnea division under section 6 of the criminal law amendment act and shri bindeshwari prasad verma, additional district judge, west champaran, who was under orders of transfer as additional district judge, bhagalpur was designated as the special judge. ..... persons from different parts of the country with no apparent connection with each other except that they appeared to belong to the same community were together trying to cross the country's frontier, apparently made the police suspect, in the context of the political situation in the country, that they belonged to some group of persons of that community who were campaigning against the government, call it what you will, agitating or waging war, a suspicion ..... from the affidavits filed on behalf of the state of bihar and from the records produced before us, we find that the investigating agency conducted enquiries not only at jogbani (purnea), but also at delhi, calcutta and bombay and in punjab, maharashtra and nepal. ..... reverting to what we were saying earlier, if the police officers had some justification for suspecting a conspiracy, they would be well justified in suspecting ramifications of the conspiracy elsewhere in the country necessitating investigation into the conspiracy in punjab, delhi, maharashtra, calcutta and other parts of the country. .....