Court : Gujarat
Reported in : AIR1969Guj349; (1969)GLR769
..... natural justice. miss dabu also relied upon the decision in kishan chand v. cornmr. of police, air 1961 s'c 705, where the question was regarding the licence for conducting a tea house under the calcutta police act, 1866. the majority decision at page 708 in terms lays down that if guidance for exercise of ..... bench in jamnadas v. ram aiyar, 4 guj lr 897= (air 1964 guj 102), in the context of renewal of licence under the bombay police act, 1951, when that function was held to be purely an administrative one where no question of compliance with principles of natural justice could arise. such ..... arms or ammunition the possession whereof has ceased to be lawful, shall without unnecessary delay deposit the same with the officer in charge of the nearest police station as required under that section. section 22(1) provides that whenever any magistrate has reason to believe that (a) any person residing within ..... . 1 were no reasons at all in the eye of law. (3) that, in any event, even the order was mala fide because the police authorities were biassed against the petitioner. (4) that the appellate authority could not have disposed of this appeal without giving any personal hearing to the petitioner ..... 1968. the respondent no. 2, the state, has dismissed the appeal as it found no reasons to change the order passed by the commissioner of police taking into account the grounds mentioned in the appeal. the petitioner has alleged that no hearing whatever was given before this appeal was disposed of by .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1959Cal123,1959CriLJ180,62CWN799
..... grant of a license by the commissioner of police, calcutta under section 39 of the calcutta police act 1866 read with section 6(2) of bengal act v of 1909 and section 3 of act vii of 1912. bhowmick had taken out such a license. section 39 of the calcutta police act 1866 (hereinafter referred to as the 'act') runs as follows:'the commissioner of police may at his discretion, from time to time ..... , is not a reasonable restriction and will be struck down. an arbitrary exercise of such power will also be declared void. (4). the provision contained in section 39 of the calcutta police act, 1866, whereby a citizen, in order to carry on the business of an eating house, is required to take out a license from the commissioner of ..... bad reason. keshav talpade v. emperor ; dwarka das v. state of jammu and kashmir, : 1957crilj316 .12. in commr. of calcutta police v. rolla ram, 51 cal wn 833 (h) gentle, j. had to deal with sections 65, 39 and 40 of the calcutta police act, 1866. it was argued there that the commissioner having issued a licence could, by virtue of section 22 of the general ..... secure 'good behaviour' from such a person. i must begin by pointing out that before me, the provision of the calcutta police act 1866, imposing a liability upon the keeper of an eating house to take out a license from the com-missioner of police, has not been challenged as an unreasonable restriction within the meaning of clause 5 of article 19. in fact, in .....Tag this Judgment!
Court : Kolkata
Reported in : (1998)1CALLT339(HC),[1998(79)FLR588]
..... in the locality may cause serious alarm to the peace and tranquillity. thus in our view, such a place is not suitable for any licence under section 39 of the calcutta police act. 1866.15. the court's power under article 226 of the constitution of india is discretionary. even if there is some infraction of legal right of a person and there ..... are maintained in a routine manner and are looked into in every case where issues of public order and/or law and order are involved. section 39 of the calcutta police act, 1866 reads as follows:--'the licence for securing the good behaviour of the keepers of the said houses or places of public resort or entertainment is circumscribed by the proviso aforequoted ..... judge of this court holding in a petition by the petitioner/respondent herein that the order of the commissioner of police, calcutta, refusing to renew the licence under section 39 of the calcutta police act. 1866 is not valid and. consequentially, directing the commissioner of police to pass a fresh orderafter supplying a copy of the reports that were used for refusing to renew the licence ..... problem, in the locality. this calls for action under section 39 of the calcutta police act. 1866.5. in view of the aforesaid aspects, the licence to run the hotel moghal darbar at 42a, mirza chalib street, calcutta-16, is hereby cancelled undersection 39 of the calcutta police act, 1866. no further renewal of the police licence will be allowed'.6. the learned single judge has. however, accepted the .....Tag this Judgment!
Court : Kolkata
Reported in : 1990CriLJ1559
..... a separate wing and under the exclusive and direct control of the commissioner of police, calcutta (vide section 9 of the calcutta police act and section 3 of the calcutta suburban police act, 1866). this bench operates within the areas of the town of calcutta and its suburbs where the calcutta police act, 1866 and the calcutta suburban police act, 1866 are in force.16. there cannot be any dispute that under the organisational set up, enforcement branch ..... , calcutta and district enforcement branch are different establishments. one who is attached to enforcement branch, calcutta, cannot at ..... the same time be attached to the district enforcement branch. in the case before us the sub-inspector of police .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1965Cal312,1965CriLJ679
..... .laik, j.50. in the judgment just now delivered, by learned brother has stated the facts hilly and exposed the undisclosed policy arising out of the crevices of the calcutta police act, 1866, the validity of which was tested on first principles. in this circumstance, there is no point in tracing the descent again, of the provisions of this century-old legislation ..... under article 226 of the constitution 36. mr. roy for the appellant contends that his legal right is based on section 39 of the calcutta police act. but, the calcutta police act expressly, as discussed already, gives the commissioner of police discretion from time to time to grant licence to the keepers of eating houses. that discretion is certainly not absolute in the sense that ..... actually and factually keeps the eating house. mere legal, theoretical and juristic ownership or proprietorship is not the dominant note in the word 'keeper' in section 39 of the calcutta police act. actual control and actual possession, effective control and effective possession of the eating house appear to be the emphasis or indication contained in the word 'keeper' in section 39 ..... amendments in the stormy statutory history of the last hundred years in this country. ancient wisdom appears to have strength to stand the batteries of the modern generation. the calcutta police act, in one sense, is a legal museum and deals with a variety of miscellaneous subjects whose wealth and richness can astonish even the most progressive thinker of this age. .....Tag this Judgment!
Court : Kolkata
Reported in : AIR2007Cal44,2006(4)CHN694,1(2007)CLT682
..... place of worship was the reason for passing the order of rejection.6. the issue, required to be decided, is whether the police authorities, having the power and jurisdiction under the provisions of the calcutta police act, 1866 (for short 'police act') can interfere with or usurp the power of the excise authorities to grant temporary bar licence conferred by the provisions of the bengal ..... excise act, 1909 (for short 'excise act') and rules framed thereunder.7. before dealing with the provisions under the excise act and the police act, it is necessary to set out ..... to licenses for the sale of liquor, excise opium or hemp drugs in calcutta, within the jurisdiction of the commissioner of police-(1) a certificate from the commissioner of police as prescribed by section 36 act iv (b.c.) of 1866 and section 19 act ii(b.c.) of 1866 is required before a license can be finally granted and issued bv the collector ..... of excise. calcutta.(2) if the license is settled by auction, the auction purchaser should .....Tag this Judgment!
Court : Kolkata
Reported in : 1993CriLJ2096
..... powers of granting such permission upon consideration of the said application under relevant provisions of the police act (act v of 1961) and the calcutta police act, 1866 (act iv of 1866) and all other act and statutory orders or notifications in force, rests with the commissioner of police calcutta and he has not applied his mind by not admitting the said application nor by ..... rejecting it and communicating his decision to the petitioners till date. the respondent authorities are bound and liable to act in ..... the petitioner no. 2 being the said party applied accordingly to the commissioner of police calcutta on march 1, 1993 for usual permissions under the police act and calcutta police act, 1898 and all other act in force. the representations of the petitioner no. 2 also met the calcutta police authorities, the home secretary and the chief secretary to the government of west ..... . 3 the chief secretary to the government of west bengal, seeking permission under relevant provision of the police act, the calcutta police act and other statutory orders or notifications in force, for holding the said public meeting at brigade parade ground, calcutta on and for using microphone at the said meeting. in the said application for permission, the commissioner .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1955Cal138,1955CriLJ441,59CWN729
..... not with the rest of the state outside the presidency town.3. mr. dutta has raised another point viz., that under the calcutta police act, 1866, the term 'investigation' is given the same meaning as in the criminal procedure code (vide section 3, calcutta police act), and in section 4(e), criminal p. c. 'investigation' is defined to include all proceedings under the code for the ..... before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him. under section 78-a, calcutta police act, police officers holding investigation into offences may or may not record the statement of witnesses examined by them. but if they record any such statement then the statement should be ..... p. c., provides that the code does not, in the absence of any specific provision to the contrary, apply to the police in the town of calcutta, i. e., in the presidency town of calcutta. accordingly, so far as .the calcutta police act, is concerned, the term 'investigation', must be understood to mean 'investigation' including all the proceedings under the criminal procedure code as applicable ..... collection of evidence conducted by a police officer or by any person 'other than a magistrate who is authorised by a magistrate in this .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1962Cal556,66CWN487
..... -61.2. the respondent had rented the first floor of premises no. 170/2d, lower circular road, calcutta, in the year 1958 and obtained in the course of the year a licence under the calcutta police act, 1866, to run a boarding and eating house. the licence was due to expire, on march 31, 1959 ..... . before its expiry, the respondent applied for renewal on the 25th of march 1959, for the year 1959-60. on may 16, he received a communication from the commissioner of police that ..... have considered, so, long as there is material to indicate that there were facts directly related to the requirements mentioned in section 39 of the calcutta police act which guide and control the exercise; of that discretion. indeed, we are far from satisfied that in this case the decision of the commissioner ..... gave it up and allowed his mind to be warped by consideration of matters wholly unrelated to the requisites mentioned in section 39 of the calcutta police act. the good behaviour of the applicant for license and good behaviour of the persons visiting the establishment are the two cardinal considerations. apart from ..... of the respondent to carry on trade on another ground may now be noticed. it was said that there is no provision in the calcutta police act which provides for service of notice on persons who might be effected adversely by an order under section 39 refusing an application for license. .....Tag this Judgment!
Court : Kolkata
Reported in : AIR2008Cal139
..... 12 continue with their illegality and hooliganism, for the reasons best known to him.17. the primary function of the police is maintenance of law and order and prevention of crime, under the calcutta police act, 1866 and in particular section 10-a thereof, every police officer is required to discharge inter alia the following duties:i) prompt service of summons, and execution of warrant ..... or other orders, lawfully issued to the police officer by a competent authority.ii) obtaining of intelligence relating to commission of cognizable ..... and obligations referred to above. there is only a vague allegation of an offence under the indian penal code and an equally vague allegation of contravention by the police authorities of the bengal police act, wholly devoid of any particulars. in the writ petition too, no case has been made out of any threat to life, liberty, personal safety or safety of ..... arrogantly and making threats to my men and tenants on the 1st floor of the said building.i filed a complaint on 29-1-2006 with your police station regarding their illegal acts when they forcefully locked the eastern main gate of the building stopping my tenants from ingress and egress to their first floor tenancy.today after coming to .....Tag this Judgment!