Search Results Page
Search Results
1 - 10 of 16 (0.21 seconds)Section 13 in The Arms Act, 1959 [Entire Act]
Section 4 in The Arms Act, 1959 [Entire Act]
Section 5 in The Arms Act, 1959 [Entire Act]
Section 14 in The Arms Act, 1959 [Entire Act]
Smt.Pratibha Chauhan vs State Of M.P. on 1 December, 2015
In view of the judgment of the Full Bench of this Court in
Pratibha Chouhan (supra), guidelines issued by the State
Government are permissible guidelines. Once guidelines are
permissible and there is a statutory prohibition of not possessing
any arm and ammunition by a person without licence, therefore, it
cannot be threat perception as in the mind of an applicant would
be relevant. The State has to see the social context as well as
threat perception so as to grant licence to an applicant for
possessing arm licence. Section 14(1)(b)(ii) of the Act empowers
the Licensing Authority to deny the licence if it is necessary for
the security of the public peace or for public safety. Security of the
public peace or public safety has to be examined on the report of
the police officer in terms of Section 13(2) of the Act. Therefore,
the scheme of the Act does not contemplate that the threat as
perceived by the applicant alone is relevant to grant the licence.
The Licensing Authority has to ensure maintenance of the public
peace and public safety. Therefore, such considerations are
paramount as to when licence can be granted or refused. We are
unable to agree with the judgments of the different High Courts
which were relied upon by the appellant.
Section 6 in The Arms Act, 1959 [Entire Act]
Section 10 in The Arms Act, 1959 [Entire Act]
Section 12 in The Arms Act, 1959 [Entire Act]
Ramesh Kumar Yadav vs State Of M.P on 11 January, 2012
2. The application for grant of pistol licence was rejected by
the State Government inter alia for the reason that the appellant
has no threat perception from a person or group of persons and
that grant of licence to the appellant does not fall within the policy
of the State Government. Learned Single Bench relied upon an
order passed by the Division Bench in Writ Appeal
No.1076/2013 (Umesh Yadav Vs. State of M.P.) decided on
6.2.2014, wherein it has been held as under:-