ISSUE:
Whether the Government of Bombay had the authority to cancel the cinema construction license issued by the Commissioner of Police?
Whether the Commissioner of Police exercised his independent discretion when granting and subsequently canceling the license?
Whether Section 45 of the Specific Relief Act, 1877, could compel the Commissioner of Police to reconsider and exercise his discretion regarding the cancellation of the license?
RULE:
The authority to cancel a license granted for public amusement under the City of Bombay Police Act, 1902, lies solely with the Commissioner of Police, not the Government. The Commissioner must exercise his discretion independently and cannot act as a mere agent of the government.
Public officials are required to exercise their discretionary powers independently when authorized by law, and failure to do so constitutes a failure of duty that may be corrected through legal remedies such as mandamus under Section 45 of the Specific Relief Act.