The record
Written from the 1 report below. Nothing here is unsourced.
- The Bombay High Court quashed a decision by the licensing authority to deny an orchestra performance permit to Magmus Bar and Restaurant.
- Authorities originally refused the application based on vague concerns regarding potential law and order problems.
- Justice N.J.
- Jamadar ruled that the denial was arbitrary and lacked supporting evidence.
- The court ordered the issuance of the licence within four weeks.
Who said what2
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N.J. Jamadar
Justice
2 quotes · 1 outlet
“The authorities proceeded to refuse a performance licence despite the petitioner complying with all requirements…”
In the article
…High Court has quashed and set aside orders that refused a performance licence for orchestra/live music to a Khar (W) bar and restaurant, apprehending a law and order problem. Justice N J Jamadar on Sept 16 said, “ The authorities proceeded to refuse a performance licence despite the petitioner complying with all requirements… ” He directed the licensing authority to grant the licence within four weeks. The petition was filed by a company that operates Magmus Bar and Restaurant on SV Road. On its application, senior inspector (Khar) and ACP…
“A mere ipse dixit (bare assertion) of the competent authority that the grant of licence may lead to law and order problem, without anything more, cannot be sustained”
In the article
…soundproof. Justice Jamadar said undoubtedly the grant of licence is the discretion of the competent authority, but it cannot be completely “unbridled”. The exercise of power is regulated by Public Performance Rules. “ A mere ipse dixit (bare assertion) of the competent authority that the grant of licence may lead to law and order problem, without anything more, cannot be sustained ,” he added. He noted that HC had quashed two criminal cases against the directors and that the complaints were filed after DCP’s order. The impugned orders “suffer from the vice of unreasonableness and arbitrariness,”…
Coverage1
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Named India · Magmus Bar and Restaurant · Bernardo Reis · Bombay High Court · N.J. Jamadar · V.R. Raje
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