Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | City of Bombay Police Act (1 of 1902) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | City of Bombay Police Act (I of 1902), s. 22 (1)—Rules under the Act, rr. 8, 238 to 257, 263 to 283—Specific Relief Act (1 of 1877), s. 45—Licence for construction of cinema—Duties of Commissioner of Police—Permission granted by Commissioner—Cancellation of licence. by Government—Validity of cancellation—Discretion of Commissioner—Duty to ..exercise , discretion—Application for mandamus to order Commissioner to grant permission—Maintainability—Proper relief—Public orders—Construction'—Reference to explanations given subsequently—-Propriety of..An application by · the respondent for permission to build a cinema on a site within the City of Bombay was rejected by the Commissioner of Police, Bombay. The respondent applied for re-consideration of his application and the Commissioner, acting on the advice of the Cinema Advisory Committee, granted the application on the 16th July, 1947, though he indicated in an affidavit filed later that but for this advice he would have refused the application again. Subsequently, under instructions from Government the Commissioner sent the following communication to the respondent : "I am directed by Government to inform you that the permission to erect a cinema at the above site granted to you under the office letter dated 16th July, 1967, is hereby cancelled." The respondent applied to the High Court of Bombay for an order under s • 45 of the Specific Relief Act directing the Commissioner, of Police, Bombay, to withdraw the cancellation and to grant permission for the erection of the cinema, and the High Court directed the Commissioner of Police "to withdraw the· order of cancellation passed by him," The Commissioner of Police appealed to the Supreme Court. |
Judge | Hon'ble Mr. Justice Vivian Bose |
Neutral Citation | 1951 INSC 52 |
Petitioner | Commissioner Of Police, Bombay |
Respondent | Gordhandas Bhanji |
SCR | [1952] 1 S.C.R. 135 |
Judgement Date | 1951-11-23 |
Case Number | 93 |
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