What Supreme Court has held about grant of licence

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jpc
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What Supreme Court has held about grant of licence

Post by jpc » Fri Jun 29, 2012 6:07 pm

Now a days , most of the arm license applications are rejected by the licensing authority giving vague / false reasons which are not provided under Section 9 &14 of the Act .

Hon’ble Supreme Court of India in the case of Ranjith Singh V/s Union of India reported as [AIR 1981 SC 461] has held that “An applicant for a license is entitled to have it considered in accordance with the terms of the statute and to press for its grant on the basis of the criteria set forth in it”.

Therefore , it is clear that licensing authority can not consider any other ground to reject the application of arm license which is not provided in the statute.

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Re: What Supreme Court has held about grant of licence

Post by dr.jayakumar » Fri Jun 29, 2012 6:42 pm

supreme court has been stating this often.its the authorities who are ignorant about this and make poeple run around
only way to deal with this is to face it legally,using the supreme court verdict.
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Re: What Supreme Court has held about grant of licence

Post by Vineet » Fri Jun 29, 2012 10:56 pm

jpc wrote:Now a days , most of the arm license applications are rejected by the licensing authority giving vague / false reasons which are not provided under Section 9 &14 of the Act.
The reason for rejecting most of the arms license applications is the arms and ammunition policy
dated 30.03.2010. http://mha.nic.in/pdfs/AaAPolicyInd-080410.pdf Read the point no. 7. It says...

"State Governments are following liberal criteria for giving NPB licences. It has been decided to prescribe the following norms through amendment to Arms Rules, 1962, for grant of arms licences:-
a) Applications will be considered from persons, who may face or perceive grave and imminent threat to their lives, for which the licensing authority will obtain an assessment of the threat faced by the person from the (angle through) police authorities."
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Re: What Supreme Court has held about grant of licence

Post by renjith747 » Sat Jun 30, 2012 4:30 pm

Vineet wrote:
jpc wrote:Read the point no. 7. It says...

"State Governments are following liberal criteria for giving NPB licences. It has been decided to prescribe the following norms through amendment to Arms Rules, 1962, for grant of arms licences:-
a) Applications will be considered from persons, who may face or perceive grave and imminent threat to their lives, for which the licensing authority will obtain an assessment of the threat faced by the person from the (angle through) police authorities."
But point no 23 clearly states that up-to 10 weapons can be allotted for sports persons.According to arms act the circular is a rubbish one but it gives little importance for sports.As far as i know licensing authority cannot deny an arms license for sports if you applied for sporting purpose and you didn't fail in section 14 of arms act 1959.Correct me if i am wrong?.I recently applied for arms license (sports)and the file is moving very slow from table to table due to absence of staff :evil: ( i forgot that i am living in india :lol: ).At that time a police officer told me that they are not recommending license for self defense & it is very tough to get for the same.

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Re: What Supreme Court has held about grant of licence

Post by Virendra S Rathore » Sat Jun 30, 2012 6:33 pm

dr.jayakumar wrote:supreme court has been stating this often.its the authorities who are ignorant about this and make poeple run around
only way to deal with this is to face it legally,using the supreme court verdict.
regards
dr.jk
I seriously doubt that Doctor sahab. They aren't ignorant. I believe most of them know the nuances of laws/regulations more than us. They just want to make the applicant their punching bag to:
Sooth their egos,
Fill their pockets and lastly
Keep the populace disarmed at their mercy.
Thank god there is a comparatively rational Supreme court in this country that upholds our Constitution created NOT by the monsters of this day.

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Re: What Supreme Court has held about grant of licence

Post by goodboy_mentor » Sun Aug 12, 2012 5:37 pm

Hon’ble Supreme Court of India in the case of Ranjith Singh V/s Union of India reported as [AIR 1981 SC 461]
It appears the case is Ranjit Singh Etc. Etc vs Union Of India on 26 September, 1980. It can be read at http://indiankanoon.org/doc/369995/
The reason for rejecting most of the arms license applications is the arms and ammunition policy dated 30.03.2010.
Supreme Court has said that policy or guidelines cannot take the place of law. It can be read here http://indiansforguns.com/viewtopic.php?f=4&t=17298
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Re: What Supreme Court has held about grant of licence

Post by perfectionist1 » Tue Aug 14, 2012 7:10 pm

I really wish Honourable Judge/s also could do something for the enforcement of thier judgements.

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Re: What Supreme Court has held about grant of licence

Post by jonahpach » Wed Aug 15, 2012 1:42 pm

perfectionist1 wrote:I really wish Honourable Judge/s also could do something for the enforcement of thier judgements.

This would be the moral duty of law abiding and freedom loving citizens, we can do our part by submitting RTI's and going to courts
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