Licensing Authority Can Refuse To Grant Arms Licence Only On The Grounds Enumerated In Section 14 Of Arms Licence Act: Punjab And Haryana High Court
2 years, 10 months ago

Licensing Authority Can Refuse To Grant Arms Licence Only On The Grounds Enumerated In Section 14 Of Arms Licence Act: Punjab And Haryana High Court

Live Law  

Punjab and Haryana High Court while dealing with a petition challenging the order and appeal whereby the application for grant of arms license has been rejected, held that the reasons assigned for dismissing an application cannot be different from the ones prescribed under Clause and of Section 14 of the Arms Act, 1959. Court placed reliance on Section 14 of the Arms Act, 1959 and held that according to the said section, licensing authority can dismiss an application on certain grounds and is obliged to record reasons in writing where it refuses to grant a license however, the supply of said reasons may be denied in the public interest. Court further noted that the licensing authority can refuse to grant a license only on the grounds enumerated in Section 14 of the Arms Licence Act, 1959. The licensing authority can refuse to grant licence only on the grounds as enumerated in Section 14 of the Arms Licence Act, which are reproduced in the preceding paragraphs. For the reasons discussed above, the court directed the licensing authority to reconsider the application of the petitioner for grant of arms license in accordance with the statutory provision under the Arms Act.

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History of this topic

Arms License Can't Be Denied Solely On Ground That Applicant Doesn't Have Specific Security Threat/ Imminent Danger: Patna High Court
3 months, 2 weeks ago

Arms License Can't Be Denied Solely On Ground That Applicant Doesn't Have Specific Security Threat/ Imminent Danger: Patna High Court

Live Law  

The Patna High Court recently reiterated that an arms license to an individual cannot be denied solely on the ground that the applicant does not have any "specific security threat or imminent danger". Justice Mohit Kumar Shah set aside the orders of the District Magistrate, Khagaria and Divisional Commissioner, Munger that denied the arms license to the petitioner just because …

First Firearm 'Difficult To Carry Due To Big Size' Not Ground To Seek License For Another Weapon: Rajasthan High Court
4 months, 1 week ago

First Firearm 'Difficult To Carry Due To Big Size' Not Ground To Seek License For Another Weapon: Rajasthan High Court

Live Law  

The Rajasthan High Court has refused to interfere with competent authority's order rejecting a man's application for a second gun license which was sought on the ground that the first licensed gun that he possessed, a 12 bore gun, was too heavy for him to carry. On the contrary, it was argued by the respondents that since the petitioner was …

HC Can't Interfere In Factual Findings Regarding Grant Of Arms License: Allahabad High Court
1 year, 3 months ago

HC Can't Interfere In Factual Findings Regarding Grant Of Arms License: Allahabad High Court

Live Law  

The Allahabad High Court has held that the High Court exercising writ jurisdiction under Article 226 of the Constitution of India cannot interfere in factual findings returned by the Licensing Authority regarding the grant of arms license under the Arms Act, 1959. Pursuant to the order of the High Court, the District Magistrate, Jhansi rejected the application for a grant …

It is ultimately a licence, not a right: Bombay HC to lawyer seeking arms licence
2 years, 3 months ago

It is ultimately a licence, not a right: Bombay HC to lawyer seeking arms licence

India Today  

The Bombay High Court has directed an advocate to show that he has a threat perception for which he is seeking an arms licence. He had applied for arms in January 2020 under the Arms Act, but his application was kept pending so Khalsa had approached the high court seeking that the court direct the commissioner to decide. READ: 'Change …

Licensing Authority Cannot Discriminate Between Co-Accused Persons In Renewal Of Their Arms Licenses: Gujarat High Court
2 years, 6 months ago

Licensing Authority Cannot Discriminate Between Co-Accused Persons In Renewal Of Their Arms Licenses: Gujarat High Court

Live Law  

The Gujarat High Court has held that a licensing authority under the Arms Act cannot discriminate between two persons, who were co-accused in the same matter, by renewing the license of one of them and refusing the same treatment to the other citing criminal antecedents.Justice AS Supehia held so while deciding the case of a Petitioner whose renewal application under …

S.18 Arms Act | No Appeal Lies Against Issuance Of Arms Licence: Rajasthan High Court
2 years, 7 months ago

S.18 Arms Act | No Appeal Lies Against Issuance Of Arms Licence: Rajasthan High Court

Live Law  

The Rajasthan High Court has held that there is no provision where appeal can be entertained under Section 18 of the Arms Act against anorder of issuance of arms licnece. Notably, section 18 of the Arms Act states that any person aggrieved by an order of the licensing authority refusing to grant a licence or varying the conditions of a …

Cout Can't Interfere With Administration's Decision Refusing Firearms License Except In Extraordinary Circumstances: Rajasthan High Court
2 years, 9 months ago

Cout Can't Interfere With Administration's Decision Refusing Firearms License Except In Extraordinary Circumstances: Rajasthan High Court

Live Law  

The Rajasthan High Court has observed that any interference in rejection of grant of fresh application / renewal of license for firearms is not warranted except when extraordinary circumstances are pointed out by the party. Justice Vijay Bishnoi, observed, "This Court is of the opinion that any interference in rejection of grant of fresh application/ refusal/ renewal of license for …

Licensing Authority Can’t Deny Arms Licence Merely On The Ground That Applicant Doesn’t Possess Sufficient Property: Bombay HC [Read Judgment]
7 years, 1 month ago

Licensing Authority Can’t Deny Arms Licence Merely On The Ground That Applicant Doesn’t Possess Sufficient Property: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has held that a licensing authority cannot refuse arms license to a person merely on the ground that such person does not own sufficient property.Justice KL Waldane of the Aurangabad bench of the Bombay High Court held the same under Section 14 of the Arms Act, 1959 while hearing a criminal writ petition filed by one …

Licensing Authority Can’t Deny Arms Licence Merely On The Ground That Applicant Doesn’t Possess Sufficient Property: Bombay HC [Read Judgment]
7 years, 1 month ago

Licensing Authority Can’t Deny Arms Licence Merely On The Ground That Applicant Doesn’t Possess Sufficient Property: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has held that a licensing authority cannot refuse arms license to a person merely on the ground that such person does not own sufficient property.Justice KL Waldane of the Aurangabad bench of the Bombay High Court held the same under Section 14 of the Arms Act, 1959 while hearing a criminal writ petition filed by one …

Mere registration of criminal case could not be a ground to revoke Arms license: Bombay HC [Read Judgment]
8 years, 8 months ago

Mere registration of criminal case could not be a ground to revoke Arms license: Bombay HC [Read Judgment]

Live Law  

The provisions of Arms Act with regard to suspension or cancellation of Arms licence cannot be invoked lightly in an arbitrary manner, said the Bench.In a recent Case, the Bombay High Court has held that merely because a criminal case is pending against a person, Arms Licence granted to him by the licensing authority cannot be cancelled.The petitioner contended that …

Mere registration of criminal case could not be a ground to revoke Arms license: Bombay HC [Read Judgment]
8 years, 8 months ago

Mere registration of criminal case could not be a ground to revoke Arms license: Bombay HC [Read Judgment]

Live Law  

The provisions of Arms Act with regard to suspension or cancellation of Arms licence cannot be invoked lightly in an arbitrary manner, said the Bench.In a recent Case, the Bombay High Court has held that merely because a criminal case is pending against a person, Arms Licence granted to him by the licensing authority cannot be cancelled.The petitioner contended that …

Arms Licence should not be refused on a vague ground such as absence of genuine need: Andhra Pradesh HC [Read Judgment]
8 years, 8 months ago

Arms Licence should not be refused on a vague ground such as absence of genuine need: Andhra Pradesh HC [Read Judgment]

Live Law  

The High Court of Andhra Pradesh in Kolan Narasimha Reddy vs. State of Andhra Pradesh has reiterated that an application for grant of an arms licence shall not be refused on a vague ground such as absence of genuine need.The application of the one Narasimha Reddy for grant of Arms licence, was rejected by Commissioner of Police was based on …

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