JUDGEMENT
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(1.) Leave granted in SLP (C) No.14534 of 2006.
(2.) These civil appeals seek to challenge common judgment and final
order dated 12th April, 2006 in Writ Petition No.2450 of 2005,
W.P. No.2052 of 2005, W.P.No.2338 of 2005 and W.P.No.2587 of 2005
passed by the High Court of Judicature at Bombay, whereby Section
33A of the Bombay Police Act, 1951 as inserted by the Bombay
Police (Amendment) Act, 2005 has been declared to be ultra vires
Articles 14 and 19(1)(g) of the Constitution of India.
Summary of Facts
(3.) Brief facts leading to the filing of the aforesaid writ petitions
are
The Bombay Police Act, 1951 (hereinafter 'the Act') was enacted
in the year 1951 with the object of consolidating and amending the
law relating to the regulation of the exercise of powers and
performance of the functions by the State Government for maintenance
of public order. Section 33 of the Act authorises the State
Government to frame rules regulating places of public amusement and
entertainment. By virtue of Section 33 of the Act, the "Rules for
Licensing and Controlling Places of Public Amusement (other than
Cinemas) and Performances for Public Amusement including Melas &
Tamashas, 1960" (hereinafter 'the Rules') were enacted to regulate
and maintain discipline in places of public amusement, melas etc.
;
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