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Bombay high court: Mumbai restaurant with eating house permit can’t serve herbal hookah on the menu.

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2 years ago

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MUMBAI: Bombay high court held herbal hookah cannot be on the menu in a restaurant operating on an eating house license from the Brihan mumbai Municipal Corporation (BMC).
It cannot be countenanced that grant of a license to conduct an eating house is deemed to include a license to conduct Hookah activities and the civic chief is certainly required to consider issues that could be a nuisance or dangerous said A bench of Justices Girish Kulkarni and R N Laddha on April 24 denying permission to ‘The Orange Mint’ a lounge in Chembur to serve herbal hookah (HH).
The HC held that the Mumbai municipal Commissioner Iqbal Chahal has appropriately exercised his discretion under the Mumbai Municipality Act, to prevent HH being served at the lounge. The BMC is noted expected to keep a “continuous vigil’’ on hookah activity of the petitioner said the HC adding, “Once it is clear that hookah activities are not part of the Eating House license conditions, such activity cannot be permitted”.
Justice Kulkarni authoring the order, gave an illustration saying, “In a restaurant or eating house, where children, women and elderly visit for refreshments/eating, it cannot be expected that hookah is one of the menus being served and more particularly of the category as offered by the petitioner using flame or burnt charcoal.’’ The HC said, “This would amount to an absolute nuisance’’ at the restaurant and were it to become a reality, “the impact it would create on such customers at the eating house can just be imagined”.
Under Section 394 of the Municipal Corporation Act, restaurants are issued an eating house license to operate. Section 394, said the HC prohibits certain trades, processes and operated without a license and empowers BMC To seize, destroy to prevent danger or nuisance.
But the section cannot be interpreted to mean such license would permit the restaurant to serve ‘herbal hookah’ said the HC whose order was made available on May 1.

“The Municipal Commissioner in granting license is certainly required to apply his mind to such issues which are dangerous to life, health or property of the citizens, as also, on issues which are likely to create a nuisance…’’the HC said.

Entrepreneur, S B Parkhi, the petitioner through her counsel counsel Mayur Khandeparkar submitted that the license issued by the BMC would include serving of ‘herbal’ hookah. The challenge was to April 18, 2023 order assed by the Medical Officer Health, M/West
Ward, directing to stop serving such herbal hookah within seven days, else they
eating house license shall be revoked, without any further notice.
Brihan Mumbai Municipal Corporation (BMC) lawyer Kunal Waghmare took the stand that an eating house license would not permit any such hookah activity.
Authoring the order, Justice Kulkarni said the section cannot be interpreted “narrowly”.
“On a holistic reading of Section 394 of the MMC Act, the contention of the petitioner that the eating house license granted to her permits “hookah activities” or conducting any “hookah parlour” under the terms and conditions of the eating home license, is totally untenable,’’ held the HC adding, “ The canvass of Section 394 of the MMC Act, is quite broad to take within its ambit articles, trade, operations, which are dangerous to life, health or which are likely to create nuisance, as quite extensively described in the provision”.
The HC reasoned that the legislatures’ intention can be derived from the clear wordings that include in its ambit any article, trade, process or operation which in the opinion of the civic chief are dangerous to life, health or property or are likely to create nuisance “either from its nature” or by reason “of the manner” in which or the conditions under which the same are or are proposed to be used and carried on.

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Maharashtra

Pakistani PIO spy Ravinder Verma in judicial custody

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13 hours ago

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June 5, 2025

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Mumbai: The court has ordered the remand of Pakistan Intelligence Operative PIO spy Ravinder Verma from ATS remand to judicial custody. Ravinder Verma of the police station is accused of providing secret information to Pakistan, after which the ATS arrested him. Ravinder Verma’s defense lawyer Rupali Shinde said that her client does not have any secret money more than Rs 2,000 in his account, but the ATS opposed it and said that money was also transferred to him from other accounts, after which the court ordered the accused to be kept in judicial custody for 14 days. The defense lawyer said that the girl with whom Ravinder Verma was in contact is not Preeti Jaiswal, but Jaspreet, and he was in contact with her and was affected by the honey trap and this girl is from Punjab and Delhi. The ATS has interrogated the accused, in which the ATS has been provided with many important details.

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Maharashtra

Muslim representative delegation met police commissioner Deven Bharti on Mumbai loudspeaker, stop action till Eid-ul-Adha: Azmi

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14 hours ago

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June 5, 2025

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Mumbai: Muslim representatives met Mumbai Police Commissioner Deven Bharti and lodged an objection against the removal of loudspeakers from mosques, saying that only mosques are being targeted, which is completely wrong, while the principle of noise pollution is equally applicable to all, but only on the complaint of BJP leader Kirit Somaiya there is a risk of deteriorating the environment by removing loudspeakers from mosques, and a demand was also made to stop police action to maintain law and order.

Maharashtra Samajwadi Party leader and Assembly member Abu Asim Azmi told the media after meeting the Police Commissioner on the loudspeaker issue that Mumbai Police Commissioner Deven Bharti said that no action will be taken against loudspeakers till Eid-ul-Azha, while Azmi drew the attention of the Police Commissioner on this issue that unilateral action is being taken only against mosques. The police take action after the complaint of Kirit Somaiya and then the action starts. He said that the issue of removing loudspeakers from mosques is threatening peace in Mumbai. Azmi said that the way Kirit Somaiya and Nitish Rane are demonstrating provocations has spoiled the atmosphere of Mumbai city.

The police should also take action against them to maintain law and order. Police Commissioner Deven Bharti has assured the delegation that he will take necessary steps on this issue and action will be taken as per the law. Abu Asim Azmi, while expressing concern over mischief on Eid-ul-Azha, told the Police Commissioner that the way some miscreants are constantly trying to create conflict in societies by offering sacrifices. On Nitish Rane’s venom regarding sacrifice in societies, Azmi said that sacrifice is offered in societies and it is done legally, there is no problem in it, but some people are presenting sacrifice as an issue to spoil the environment. He said that even in Hinduism, cats are offered, then no one objects. On Nitish Rane’s demand for virtual sacrifice, he said that Islam will follow Sharia and Muslims offer sacrifices only according to Sharia and the law has allowed us to do so.

Samajwadi Party leader Yousuf Abrahani, Advocate Amin Solkar, Khateeb and Imam of Hari Masjid Maulana Zubair Ahmed Barkati were also present in this representative delegation. Yousuf Abrahani said that legal action is being taken on the loudspeaker issue and the court is also being approached, while all the conditions imposed on the loudspeaker issue are illegal, while the Supreme Court had ordered decibel control and decibels have been fixed, accordingly, loudspeakers are used in mosques, but the police are taking action under pressure from the Kirit Somaiya and the police do not have the authority to remove loudspeakers from mosques, but despite this, this process is continuing, while the Mumbai Police Commissioner has also assured of necessary action on this issue.

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Maharashtra

Mumbai Cyber ​​Cell recovered Rs 1.29 crore

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14 hours ago

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June 5, 2025

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Mumbai: The Cyber ​​Cell of Mumbai Police has recovered Rs 1.29 crore from the victims in the Digital Arrest fraud case. The Mumbai Crime Branch had received several complaints on helpline 1930, in which complaints of cyber fraud were received. A 73-year-old doctor from Vile Parle had lodged a complaint on the helpline. The elderly man was called on a video call by a police officer and a judge and cash was withdrawn from his bank account.

In this case, money was transferred five times from the bank account between June 2 and June 4 and Rs 2.89 crore was transferred. After registering a complaint in this case, the police filed a complaint on the NCRP portal and the nodal officer of the bank froze Rs 1.29 crore in the bank account itself for cyber crime. This action was taken under the guidance of Mumbai Police Commissioner Deven Bharti, Joint Police Commissioner Crime Lakshmi Gautam, DCP Purushottam Karad.

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