KISHAN CHAND ARORA vs COMMISSIONER OF POLICE, CALCUTTA

The Supreme Court upheld the constitutionality of Section 39 of the Calcutta Police Act, 1866, which grants the Commissioner of Police discretion to issue licenses for eating houses. The Court found that the discretion is not absolute but guided by conditions aimed at ensuring good behavior and preventing disorder, thus not constituting an unreasonable restriction under Article 19(1)(g) of the Constitution. The judgment clarified that procedural omissions do not automatically render a statute unconstitutional, affirming the validity of the licensing provision.