Court : Mumbai
Reported in : (1983)85BOMLR115; 1983MhLJ317
..... he was further warned by the said order that his failure to vacate as directed would expose him to action under sub-section (2) of section 31 of the bombay police act, 1951. the appellant thereupon filed the writ petition on the original side of this high court, out of which the present appeal arises ..... 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 ..... article 226 of the constitution of india filed by the appellant. the appellant was an unarmed police constable in the bombay city police force. by an order dated august 16, 1982 passed by the governor of maharashtra in exercise of the powers vested in him under clause (c) of the second proviso to ..... t.b. mane, unarmed police constable, b. no. 13906 of bombay city police force from the service with immediate effect.by order and in the name of the governor of maharashtra, bombay.s e a l sd/-16 aug. 1982 secretary to the government of maharashtra, home department, bombay.the said order expressly states ..... secretary, the minister of state for home, the chief minister (incharge of home, portfolio) and after perusing the related papers the governor of maharashtra had satisfied himself that in the interest of the security of the state it was not expedient to hold an enquiry and has passed an order .....Tag this Judgment!
Court : Mumbai
Reported in : (1976)78BOMLR1
..... procession was imposed for the period october 3, 1975 to october 10, 1975. 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, 1975. in view of the said order, the order ..... relying upon his own general orders issued from time to time under section 37(3) of the bombay police act, 1951 (prohibiting all assemblies throughout greater bombay except with his permission) as also relying upon the general order dated october 14, 1975 issued by respondent no. 2 (state of maharashtra) under rule 69 read with rule 1a of the defence and internal security of ..... internal disturbance. after the proclamation of emergency declared by reason of danger to internal security, on june 27, 1975, the commissioner of police, greater bombay by his order issued under section 37(5) of the bombay police act, 1951, (bombay act xxii of 1951) prohibited any assembly of five or more than five persons and any procession of any persons for a period of one week as ..... 6. the petitioners in this petition are challenging the validity of the various orders from time to time issued by the commissioner of police under section 37(5) of the bombay police act, 1951 and the order of the commissioner of police, bombay, refusing to grant permission to the petitioners to hold the proposed meeting. they are also challenging the validity of the order dated .....Tag this Judgment!
Court : Mumbai
Reported in : 1991(4)BomCR39; (1991)93BOMLR220
..... though he belonged to the halbi community of st which is not recognized for the state of goa eventhough he hailed from the state of maharashtra where that caste had been specified under section 342 of the constitution.29. mr. rebello, however, mentions that the decision in olga's case did not consider the point required to ..... bench and that is the bombay port trust had not framed any regulations though required under section 28 read with section 126 of the major port trusts act and what is more, bombay port trust had already framed regulations for class i and class ii posts. in the absence of regulations, the reservation policy of maharashtra state was imbibed and followed ..... ) siddi (nayaka) and (5), varli. but, once the territory of goa was comprised as a separate state, by virtue of section 19 of the goa, daman and diu re-organization act, 1987, the constitution (scheduled castes) order, 1950, the constitution (scheduled castes) union territories) order, 1951, the constitution (scheduled tribues) order, 1950 and the constitution (scheduled tribes) (union territories) order ..... , 1951, stood amended and the constitution (goa, daman and diu) scheduled castes order, 1968 and the constitution (goa, daman and .....Tag this Judgment!
Court : Mumbai
..... 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 ..... each matter. [c] the petitioners 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 appellate authority after hearing ..... care to comply with. the fire department accordingly submitted reports to the commissioner of police, thane and on the basis of said reports, the commissioner of police, thane has suspended above licenses for indefinite period. under the provisions of section 33(wa) of the bombay police act, 1951 read with rule 222(2) of the said rules by passing separate order in ..... as for the thane municipal corporation and the learned agp for the state and having gone through the provisions of the fire safety act and the said rules as well as the relevant provisions of the bombay police act, 1951, and the impugned orders, i find merit in the petitions. 8. at the outset, it would be apt to consider .....Tag this Judgment!
Court : Mumbai
Reported in : 2006(3)BomCR705
..... to bill no. 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 ..... . maharashtra act no. 35 of 2005 is not applicable to the petitioners members:writ petition no. 2450 of 2005 was amended by adding the following prayer clause:(aa) that this hon'ble court be pleased by an appropriate writ/direction to declare that the provisions of the amending act xxv of 2005 amending the provisions of the bombay police act, 1951 by introducing section 33 ..... not applicable to the petitioners' members be sustained? for the purpose of considering the same let us consider the various definitions which are involved. under the provisions of the bombay police act, 1951.section 2(5a) 'eating house' means any place to which the public are admitted, and where any kind of food or drink is supplied for consumption in the premises ..... excluding the said permit room and as such the impugned amendment would not apply to them as their establishment is excluded from the definition of eating house by section 2(5a) of the bombay police act, 1951 and consequently the declaration as prayed for.22. on behalf of the state, the learned advocate general submitted that the definition of 'eating house' as .....Tag this Judgment!
Court : Mumbai
Reported in : 2009(3)BomCR221; 2009(111)BomLR869
..... there is no provision as to how and on what basis appointment is to be made to the post of director general of police of state of maharashtra. there are provisions, like section 6 of the bombay police act, 1951 and section 3 of the indian police service (appointment by promotion) regulations, 1955, which provide for the procedure and method which need to be adopted by the competent authority ..... of police force, which lays down that the police force shall consist of such number in the several ranks ..... on termed as 'director general of police' (inspector general of police), other posts of director general of police and conditions of service of that post.31. in terms of section 3 of the bombay police act, 1951, there is one police force for the whole of the state of maharashtra and such police force shall include every police officer referred to in clause (6) of section 2. section 5 thereof deals with the constitution .....Tag this Judgment!
Court : Mumbai
Reported in : 2001BomCR(Cri)537; (2001)2BOMLR307; 2001(2)MhLj437
..... and cannot be equated with the preventive detention under the act 55 of 1981. in our view, similar position would emerge while considering the provisions of section 56 of the bombay police act. no doubt the apex court in pandharinath rangnekar v. state of maharashtra, has observed that section 56 of bombay police act can be invoked, if an only if, the authority ..... that the law relating to the preventive action under section 151 of the criminal procedure codecriminal procedure codecriminal procedure code as well as section 56(bb) of the bombay police act was specifically brought into existence by the maharashtra prevention of communal, anti-social and other dangerous activities act, 1980 (act 7 of 1981). the said act, according to the petitioner was brought into existence in ..... the self same grounds. it is urged on behalf of the petitioners that externment action under the bombay police act is also a preventive action, as observed by the apex court in the case of pandharinath rangnekar v. state of maharashtra.4. since the issues raised in these writ petitions, in our view, were quite significant, we ..... authority has filed affidavit and specifically placed on record that he had considered the fact that invocation of the provisions of the criminal procedure codecriminal procedure codecriminal procedure code or section 56 of the bombay police act would be wholly inadequate and ineffective qua the detenus. there is no reason to doubt the correctness of this assertion. the court cannot sit .....Tag this Judgment!
Court : Mumbai Aurangabad
..... r.c.c. no.157/1998, respondents ?? accused no.1 and 2 filed application exhibit 46 invoking section 161 of the bombay police act, 1951 (hereinafter referred as ??the police act ? in brief), claiming that the complaint filed by magistrate as well as the charge sheet filed by the police regarding the offence alleged was time barred as the incident complained of that they had beaten complainant shantabai ..... of state of maharashtra vs. narhar rao, reported in air 1966 sc 1783, observations of the hon'ble supreme court show that police officer accepting bribe to weaken case of prosecution against accused cannot be said to be committing acts under the colour of office or act done in excess of duty or authority within the meaning of section 161 of the bombay police act. it found that ..... the limitation of six months did not apply to such police officers. in the same report, in the matter of state of maharashtra vs. atma ram and ors., reported in air .....Tag this Judgment!
Court : Gujarat
Reported in : 1969CriLJ557; (1969)GLR537; (1968)IILLJ55Guj
..... investigating against that person. the learned special judge has come to the conclusion that the present case was covered under the provisions of s. 161 of the bombay police act, relying upon certain decisions of the maharashtra high court, which were given by paranjpe, j., and a decision of the supreme court, in the case of virupaxappa v. state of mysore : air1963sc849 . ..... a prosecution, therefore, is not required to be launched within the period prescribed by s. 161(1) of the bombay police act, 1951. the learned special judge has clearly committed an error in holding that the present prosecution is barred by the provisions of the bombay police act, 1951, and eventually dismissing the prosecution. that order, therefore, requires to be quashed. it being not sustainable in law. ..... following observations have been made by a division bench of our high court : 'with respect, there is, in our view, a fallacy in this reasoning. section 161(1) of the bombay police act is concerned with an act and not with an object or motive underlying it. the object or motive may be the reason or motivating force behind a just or an unjust ..... the offence that was being investigated was an offence punishable under the indian penal code or an offence under the bombay police act or any other act, is not relevant to the question whether the provisions of s. 161 of the bombay police act, 1951, can be pressed into service or not. if the test laid down in the aforesaid decision of the supreme court is satisfied .....Tag this Judgment!
Court : Jammu and Kashmir
Reported in : 2002CriLJ2836
..... code. on a similar charge,, one atma ram police head constable of bombay police was convicted under sections 330, 342, 343 and 348 of the indian penal code. the high court of bombay acquitted him for want of compliance of section 161(1) of bombay police act. while setting aside the judgment of the high court, the supreme court in 'state of maharashtra v. atma ram air 1966 sc 1786 ..... : (1966 cri lj 1498) held as under (at page 1500 of cri lj) held as under :--the provisions of sections 161 and 163 of the ..... criminal procedure codecriminal procedure codecriminal procedure code emphasize the fact that a police officer ..... could be said to have been done under the colour of his office or done in excess of his duty or authority within the meaning of section 161(1) of the bombay police act. 9. while considering its earlier judgment in 'virupaxappa veerappa kadampur v. state of mysore1 air 1963 sc 849 : (1963 (1) cri lj 814). their lordships observed as under:--on behalf .....Tag this Judgment!