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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Judiciary Exams MCQ

Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra

Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra below.
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Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 1
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What was the key argument presented by the Indian Hotel & Restaurant Association in their legal challenge against Section 33A of the Bombay Police Act, 1951?

Detailed Solution for Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 1
The Indian Hotel & Restaurant Association contested Section 33A of the Bombay Police Act, 1951, arguing that the prohibition on dance performances in eating houses, permit rooms, and beer bars was unjustified. Their legal challenge aimed to address what they perceived as an unfair restriction on certain types of establishments. This case highlighted the ongoing debates surrounding the regulation of entertainment venues and performances in Maharashtra.
Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 2
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What was the primary impact of the 2014 amendment in the Maharashtra Police (Second Amendment) Act, 2014 that was halted by the Supreme Court of India on October 15, 2015?

Detailed Solution for Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 2
The 2014 amendment in the Maharashtra Police (Second Amendment) Act, 2014 that was halted by the Supreme Court of India on October 15, 2015, primarily imposed a ban on dance performances at bars and certain venues. This legal change led to the potential reopening of dance bars throughout the state. The Supreme Court's decision to halt the enforcement of this amendment had significant implications for the regulation of such performances in Maharashtra.
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Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 3
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Why did The Indian Hotel & Restaurant Association contest Section 33A of the Bombay Police Act, 1951, in the Bombay High Court?

Detailed Solution for Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 3
The Indian Hotel & Restaurant Association contested Section 33A of the Bombay Police Act, 1951, in the Bombay High Court because they argued that the prohibition on dance performances in eating houses, permit rooms, and beer bars was unjustified. Their challenge was centered around the belief that the restrictions imposed were unreasonable and needed to be addressed. This legal action aimed to highlight the association's stance on the issue of banning dance performances in certain establishments, emphasizing the need for a reevaluation of the regulations in place.
Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 4
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What was the focus of the Maharashtra government's introduction of the Bombay Police (Amendment) Act, 2005?
Detailed Solution for Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 4
The Maharashtra government introduced the Bombay Police (Amendment) Act, 2005, with a primary focus on addressing concerns about public order, morality, and the exploitation of women. This legislative action aimed to tackle issues related to public safety, social conduct, and gender-based exploitation within the state. By incorporating provisions like Section 33A, which banned all forms of dance in specific venues, and Section 33B, which allowed dance performances in select establishments, the government sought to regulate and control activities that were perceived to impact public order and moral standards.
Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 5
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What was the legal ruling by the Bombay High Court regarding Section 33A?
Detailed Solution for Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 5
The Bombay High Court ruled that Section 33A is unconstitutional as it goes against Articles 14 and 19(1)(g) of the Indian Constitution. This decision signifies a crucial legal standpoint on the rights and protections of women employed in different establishments.
Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 6
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What was the primary focus of the Supreme Court's decision in the IHRA v State of Maharashtra case?
Detailed Solution for Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 6
The Supreme Court's decision in the IHRA v State of Maharashtra case primarily emphasized the importance of regulating dance performances in dance bars. The court partially upheld the validity of the Maharashtra Prohibition of Obscene Dance Act, 2016, while stressing that the State should approach the matter of dance performances in dance bars with an open mind. This decision aimed to balance the regulation of such performances with considerations of individual rights and dignity.
Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 7
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What historical event influenced the 2016 Maharashtra law at the center of the IHRA v State of Maharashtra case?
Detailed Solution for Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 7
The 2016 Maharashtra law in the IHRA v State of Maharashtra case was influenced by the 2013 Supreme Court ruling that invalidated a previous attempt by the government to ban bar dancing through the Bombay Police (Amendment) Act, 2005. This ruling followed in the footsteps of historical events such as the French Revolution, which emphasized principles of liberty, equality, and fraternity and had a lasting impact on the development of constitutional law and individual rights.
Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 8
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What was one of the main reasons why the requirement of demonstrating a "good character" for obtaining or holding a license was invalidated in the Supreme Court judgment?
Detailed Solution for Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 8
The requirement of demonstrating a "good character" for obtaining or holding a license was invalidated primarily due to its impracticality, especially in urban areas like Mumbai. The Supreme Court found the one-kilometer distance stipulation from educational and religious institutions challenging to adhere to, highlighting the impracticality of such a provision in densely populated regions. This ruling aimed to address the difficulties faced by individuals in meeting such criteria, emphasizing the need for practical and reasonable regulations.
Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 9
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Why was the mandate of employing performers on a monthly salary basis considered unjustifiable under judicial review in the Supreme Court judgment?
Detailed Solution for Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 9
The mandate of employing performers on a monthly salary basis was deemed unjustifiable under judicial review primarily because it imposed a specific mode of employment, which raised legal questions. By requiring performers to be hired on a fixed monthly salary, the regulation restricted the flexibility of employment arrangements in dance bars. This condition was seen as infringing upon the freedom of contract between employers and performers, leading to its scrutiny and subsequent invalidation by the Supreme Court.
Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 10
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What was one of the major criticisms regarding the requirement for the employment of performers in dance bars on a monthly salary basis?
Detailed Solution for Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 10
The requirement for the employment of performers in dance bars on a monthly salary basis was criticized for being unjustifiable under judicial review. This condition implied a specific mode of employment that was questioned for its legality. It raised concerns about the fairness and legality of mandating such a payment structure, leading to its scrutiny and eventual criticism.
Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 11
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What did the Supreme Court uphold regarding the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurant and Bar Rooms and Protection of Dignity of Women Act, 2016 and the Rules made thereunder?
Detailed Solution for Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 11
The Supreme Court upheld provisions such as requiring employers and performers to enter into a written contract and depositing remuneration in bank accounts. This measure was aimed at ensuring transparency and accountability in the employment practices within the establishments covered by the Maharashtra Prohibition of Obscene Dance Act, 2016.
Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 12
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According to the Supreme Court, what stance did the State need to take regarding staging dance performances in dance bars?
Detailed Solution for Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 12
The Supreme Court emphasized that the State must maintain an "open mind" when it comes to staging dance performances in dance bars. The court highlighted the importance of considering various perspectives and avoiding preconceived notions that may hinder the fair assessment of such performances.
Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 13
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What concern did the Court raise regarding the conditions stipulated in the Act for obtaining a license?
Detailed Solution for Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 13
The Court expressed concern about the impracticality of many conditions stipulated in the Act for obtaining a license, deeming them virtually impossible to perform. This highlights the importance of creating regulations that are feasible and realistic for the stakeholders involved. By acknowledging these challenges, the Court emphasizes the need for practical and effective guidelines to govern the licensing process in a fair and reasonable manner.
Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 14
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What is the primary implication of the Maharashtra Police Act amendment in 2005 with regards to dance bars?
Detailed Solution for Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 14
The Maharashtra Police Act amendment in 2005 had the primary implication of de facto prohibiting dance bars, despite the regulatory facade it presented. This implied a direct prohibition on dance bars while seemingly aiming for regulatory control. Such a measure significantly impacted the functioning and existence of dance bars in the state.
Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 15
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What was the Supreme Court's ruling in relation to the Maharashtra Police Act amendment and its implications?
Detailed Solution for Test: Case Brief: Indian Hotel and Restaurant Association Anr. v. The State of Maharashtra - Question 15
The Supreme Court's ruling regarding the Maharashtra Police Act amendment lifted severe restrictions owing to constitutional violations. However, it fell short of fully extending the constitutional rationale behind its decision to its logical conclusion. This ruling aimed to provide relief but also left room for potential exploitation of loopholes by law enforcement and governmental bodies, impacting the future of dance performances in specified venues within the state.
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