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november 1951

Supreme Court of India · 1951-11-23

COMMISSIONER OF POLICE, BOMBAY vs GORDHANDAS BHANJI.

Citation / case number
SC 1951/76
Court
Supreme Court of India
Petitioner
COMMISSIONER OF POLICE, BOMBAY
Respondent
GORDHANDAS BHANJI.
Bench
BOSE, VIVIAN

Judgment text excerpt

The Supreme Court held that the cancellation of a cinema construction license by the Government of Bombay was invalid as it was not made by the Commissioner of Police, who alone had the authority under Section 22(1) of the City of Bombay Police Act, 1902. The Court clarified that the Commissioner acted merely as a transmitting agent for the Government's instructions, and thus the original permission granted was still valid. The Court denied the respondent's request for an injunction to compel the Commissioner to grant permission, as the permission had already been granted and there was no valid cancellation.

COMMISSIONER OF POLICE, BOMBAY vs GORDHANDAS BHANJI. · Niyam