Quoting Wrong Provision In Order Cancelling Arm Licence Doesn’t Invalidate It: Allahabad HC [Read Order]
8 years, 2 months ago

Quoting Wrong Provision In Order Cancelling Arm Licence Doesn’t Invalidate It: Allahabad HC [Read Order]

Live Law  

The Allahabad High Court, in Ram Sunder Ram vs. Union of India, has held that quoting of wrong provision in order to cancel the arm licence does not invalidate the order.In the instant case, the provision quoted in the order was Section 17 of the Arms Act, which is a provision to suspend license if the licencing authority deems it necessary for the security of the public peace or. The Allahabad High Court, in Ram Sunder Ram vs. Union of India, has held that quoting of wrong provision in order to cancel the arm licence does not invalidate the order. In the instant case, the provision quoted in the order was Section 17 of the Arms Act, which is a provision to suspend license if the licencing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence. The court referred to the Supreme Court decision in Ram Sunder Ram Vs. Union of India, wherein it has been held: “If an authority has a power under the law merely because while exercising that power the source of power is not specifically referred to or a reference is made to a wrong provision of law, that by itself does not vitiate the exercise of power so long as the power does not exist and can be traced to a source available in law.” Read the order here.

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History of this topic

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 …

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 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 …

UP: Arms licenses of several SP leaders cancelled by Etah administration
3 years, 7 months ago

UP: Arms licenses of several SP leaders cancelled by Etah administration

India TV News  

Acting on a police report, Uttar Pradesh's Etah district administration has cancelled the arms licenses of Samajwadi Party leaders Rameshwar Singh Yadav and Jugendra Singh Yadav and three others. The licences were cancelled on Saturday by District Magistrate Ankit Kumar Agarwal following a police report, they said. District Magistrate Ankit Kumar Agarwal on Sunday said that arms licences of family …

Allahabad High Court restores Azam Khan's arms licence
5 years, 11 months ago

Allahabad High Court restores Azam Khan's arms licence

India TV News  

The Allahabad High Court Monday restored the arms licence of former Uttar Pradesh Cabinet minister Azam Khan, partially setting aside an order by the Rampur district magistrate, suspending the licence. A bench of Justice Siddhartha, however, endorsed the other part of district magistrate's March 23 order which had also asked Khan to explain as to why his arms licence should …

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, 9 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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