...within a period of two months from the date of receipt/production of a copy of this order in terms of sub-Clause (3) of Rule 62 of the Arms Rule, 1962 read with instruction dated 09.04.2013 of the Government of India, Ministry of Home Affairs....

Can't display summary as content is Scanned, Please open the judgment to see full content.

..., which was in contravention of the provisions of Arms Act, 1959, Section 3 specifically thereof as also the Arms Rule, 1962 framed... 5. The Arms Magistrate, Dhanbad.... Respondents. CORAM: HONBLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mr. Mukesh Bihari Lal, Adv For the Respondents : J. C. to G. A. 3.../11.7.2016 Heard learned counsel for the parties. The order of revocation of arms license issued by respondent no. 4 bearing Memo no. 560 dated 8th March, 2006 (Annexure3) and the...

...authority may 3/4 dispose of the application without police report. Rule 51 of the Arms Rule, 1962 deals with format of...the application for grant of arms licence, but neither Section 13 of the Arms Act, 1959 nor Rule 51 of the Arms Rule, 1962 prescribes any time limit for disposal of such application.... However, inordinate delay in disposal of such application perhaps attracted the attention of the legislature culminated into fixing of a time frame for grant of arms licence. Rule 13 of...

...renewed till date, a decision will be taken by the Licensing Authority within a time frame. Under Arms Rule, 1962, Rule 54 deals with the renewal of the arms license which suggests that for renewal of...arms licence application be made on expiry of the validity of the license. Sub-Rule 4 of Rule 54 of the Arms Rules, 1962 stipulates that the licensing authority may consider an application for renewal.... Rule 58 of the Arms Rule 1962 stipulates that where a licence granted or renewed under these Rules is lost or accidentally destroyed, the authority is empowered to grant such...

...Commission with the request to provide the information as requested as to which licensing authority can extend the quantity and under which section of Arms Rule 1962 and Arms Act 1959...& Form XII can extend the existing quantity of arms and ammunition permitted in the license, (ii) which section of Arms Act, 1959 and Arms Rules, 1962 can clarify the query at...in Form XI & Form XII can extend the existing quantity of arms and ammunition permitted in the license, (ii) which section of Arms Act, 1959 and Arms Rules, 1962 can...

...lies exclusively in the domain of Arms Act by virtue of Rule 51A of Arms Rule, 1962, which stipulates that the applicant shall not suppress any factual information or furnish any false or wrong...provision of I.P.C. Whereas in para 4 to 6 there is nothing specific which may meet the contention so raised regarding scope of application of aforesaid Rule 51A and Section 30 of the Arms Rules, 1962 and...Act and Rule 51A of Arms Rule 1962 have not been specifically replied by the learned AGA by filing a copy of the counter affidavit. Consequently this application succeeds and the prayer so made for...

...terms of Rule 54 of the Rules framed under the Arms Rule, 1962 which vests appropriate powers in such authority where the person concerned had shifted his residence. As no...development that has taken place, it is being disposed of at this stage itself.The petitioner is owner of a pistol of 7.62 mm bore and was granted arms license bearing no. 1 of 2009 by the Arms...Magistrate, Jamtara in the District of Jharkhand. The arms license was renewed until 2012 and which is manifest from the copy of the license placed at Annexure-1. It is stated that the petitioner...

...that Arms Rule, 1962 did not mandate the time frame for taking a decision on the application, by the licensing authority for grant of licence. However, through the judicial pronouncements and Executive...within 60 days of the receipt of police report. Similarly, with regard to grant of licence to the heirs of the licensee. Arms Rule, 1962 did not have any specific...realizing the issue of undue and long delay in disposal of applications for grant of arms licence, specifically introduced Rule 13 and 14 in Arms Rules, 2016 (hereinafter referred to as Rules, 2016...

...petitioners had licence in Form III of the Arms Rule, 1962. In Form-III licence for arms is granted for possession and carrying of arms or ammunition for sport or protection. However, it is subject...section 30 of the Arms Act. Section 30 provides punishment for contravention of licence or rule. Annexure-2 series go to show that all the...Arms Act.2. In the month of October, 2005, there was assembly election. The petitioner no. 1, Surendra Prasad Yadav was one of the candidates from Belaganj Constituency in Gaya...

...) of the Arms Rule, 1962. It is contended that there was sufficient compliance as it is admitted fact that the verification report was also sent to the concerned office of the Collectorate.... 20363 of 2011 by which a common order cancelling 61 arms licences has been passed in the district of Araria on the ground that the licencees could not produce their arms for verification during the...considered by the licensing authority while passing the impugned order cancelling 61 arms licences including those of the petitioners by one stroke of pen and after recording that the replies are not...

...District Magistrate or not.5. Having heard the learned counsel for the parties, though there is no specific provision under the Arms Rule 1962 for taking a decision on the application...Arms Act, 1959 or the Arms Rules, 1962 but realizing that grant of such licence is more in the nature of transfer to the heirs of the licensee, the Principal Secretary, Home (Police...been filed for a direction to the Respondent no. 2, District Magistrate, Sasaram, Rohtas-cum-Licensing Authority under the Arms Act to dispose of the application for grant/transfer of Arms licence of N.P...

...licence, but at least, he has right to get a decision on the application submitted for such arms licence.In Arms Act, 1959 or in Arms Rule, 1962, there was no specific time frame fixed for a...Licensing Authority to take a decision on the application submitted for grant of arms licence. However, Rule 14 of the Arms Rules, 2016 ( hereinafter referred to as 'the Rule, 2016') mandates the SHO of the...the application, whereas the Rule 13 of the Rules 2016 mandates the Licensing Authority to take a decision in writing by speaking and reasoned order either granting or refusing to grant the arms...

...get a decision on the application submitted for such arms licence.In Arms Act, 1959 or in Arms Rule, 1962, there was no...specific time frame fixed for a Licensing Authority to take a decision on the application submitted for grant of arms licence. However, Rule 14 of the Arms Rules, 2016 (hereinafter...Arms Rules, 1962. However through an executive instruction, the Ministry of Home, Government of India issued direction to consider the application for grant of licence to the heirs and nominee...

...convicted for any offence and has been sentenced. Learned counsel for the applicant submits that as per Arms Rule, 1962, in the application form there was no column with regard to disclosure of previous...referring to The Arms Rules, 1962 it is submitted that the only requirement in the application form for grant of arms licence was that the applicant was required to disclose whether the applicant has been...in the year 2009 and at the relevant time Arms Rules, 1962 was in operation. Learned counsel for the petitioner has relied upon form-A which has been appended to Arms Rules, 1962...

...days. In both the cases the firearms were admittedly submitted before competent the authority in terms of Rule 63 (b) of the Arms Rule, 1962. It...Incharge Deputy Collector, District General And Administration Cell, Araria, District- Araria 4. The Arms Magistrate, Araria, District- Araria. 5. The Station..., District- Araria 3. The Incharge Deputy Collector District General And Administration Cell, Araria, District- Araria 4. The Arms Magistrate, Araria, District...

...an activity which is purely in public interest and are undertaken as per mandatory and statutory functions. He drew attention to Rule 22 of The Arms Rules, 1962, which states that proof...Arms Rule, 1962 testing fee alone is collected. The said clarification issued by the Revenue will bind the subordinate assessing authorities and one cannot expect a different...Officer, being authorised office for testing, and the petitioners having paid only testing fee for fire arms, which is a statutory requirement under Rule 22 of the Arms Rules, 1962, no...

...arms for public safety. Under Rule 22 of the Arms Rule, 1962 testing fee alone is collected. The said clarification issued by the Revenue will bind the subordinate assessing...petitioners having paid only testing fee for fire arms, which is a statutory requirement under Rule 22 of the Arms Rules, 1962, no service tax can be levied on the petitioners who are...not in dispute that Units of the writ petitioners are granted licence to manufacture shot guns under Section 5 of the Arms Act, 1959 by Government of India , Ministry of Home...

...authorised office for testing, and the petitioners having paid only testing fee for fire arms, which is a statutory requirement under Rule 22 of the Arms Rules, 1962, no service tax...establishment assigned with the job of proof testing of fire arms. The proof testing is required as per the statute to manufacture of fire arms for public safety. Under Rule 22 of the Arms...Rule, 1962 testing fee alone is collected. The said clarification issued by the Revenue will bind the subordinate assessing authorities and one cannot expect a different order from respondents...

... 1.72 cms or more in breadth in the Union Territory of Delhi. Now, therefore in exercise of the powers under rule 19 of the Arms Rules, 1962 read with the Govt. of India... licence issued in accordance with provisions of the Arms Act, 1959 (No. 64 of 1959) and Arms Rule, 1962 framed thereunder with effect from the publication of this Notification in..., appearing for the State (NCT of Delhi) and have gone through the material placed on record. 5. As per Rule 3 read with Category V of Schedule I (Part A) of the Arms Rules...