Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | UP. Municipalities Act 1916-Section 298(1) and (2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | UP. Municipalities Act, 1916-Section 298(1) and (2) List I Heading F-Bye-Laws-Framings of-Power of Municipality-Municipal Board amended existing bye-law by including "eggs" thereby totally prohibiting their sales within the municipal limits-The word "eggs" was not mentioned in List I Heading F-Validity of-Held: Despite non-mention of the word "eggs", the bye-law valid. Municipalities-Bye-laws-Validity of-Act prescribed a special procedure for enactment of bye-laws by the Municipality-Following of-Onus of proof-Held: Is on the person challenging the bye-law that the Municipality had not followed the special procedure and not on the Municipality that it had followed it.Municipality-Bye-laws-Judicial review-Scope of-Held: Courts should be slow to interfere with the bye-laws made by public representative bodies unless they are manifestly partial or unjust or malafide.Constitution of India, 1950: Articles 19(1)(g) and (6) and 51-ARestriction-Reasonableness of-Tests to determine-Municipal Board F enacted a bye-law prohibiting sale of "eggs" within the municipal limits-Constitutionality of-Held: Such a bye-law not invalid-Reasonableness of a restriction depended upon the nature of trade involved and the public interest intended to be served by such a total restriction-Such a restriction must be viewed from the cultural and religious background 'Of the concerned municipality-The prohibition in question was imposed in deference to religious and cultural demands of a large number of residents and pilgrims who visited the town regularly and periodically-Moreover, tourists and pilgrims were major sources of revenue for the municipality-Hence, High Court rightly upheld the said prohibition as a reasonable restriction.Article 51-A-Fundamental duties enjoined on citizens-Held: Should also guide the legislature and executive actions of elected or non- elected institutions and organisations of the citizens including the municipal bodies. Words and Phrases :"Reasonable restriction"-Meaning of in the context of Article 19(6) of the Constitution of India, 1950. |
Judge | Hon'ble Mr. Justice Shivaraj V Patil |
Neutral Citation | 2004 INSC 150 |
Petitioner | Om Prakash And Ors |
Respondent | State Of U.p. And Ors |
SCR | [2004] 2 S.C.R. 900 |
Judgement Date | 2004-03-09 |
Case Number | 3270 |
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