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2006 Supreme(Bom) 604

Indian Hotel AND Restaurants Association – Appellant
Versus
State of Maharashtra – Respondent


Judgment

F. I. REBELLO, J.

( 1 ) THE 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. The bill was passed by the Legislative Assembly on 21st July, 2005 and by the Legislative Council on 23rd July, 2005 and has now come into force. The Sections under challenge may 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, as the case may be, being the licensing Authority, to hold a dance performance, of any kind or type, in an eating house, performance, of any kind or type, in an eating house, permit room or beer bar shall stand cancelled. (2)Notwi

















































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