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march 1967

Supreme Court of India · 1967-03-01

KRISHNA KUMAR NARULA ETC. vs THE STATE OF JAMMU AND KASHMIR & ORS.

Citation / case number
SC 1967/129
Court
Supreme Court of India
Petitioner
KRISHNA KUMAR NARULA ETC.
Respondent
THE STATE OF JAMMU AND KASHMIR & ORS.
Author
RAO, K. SUBBA (),SHAHC.,SIKRI, S.M.,RAMASWAMI, V.,VAIDYIALINGAM, C.A.
Bench
RAO, K. SUBBA (CJ),SHAH, J.C.,SIKRI, S.M.,RAMASWAMI, V.,VAIDYIALINGAM, C.A.

Judgment text excerpt

The Supreme Court held that dealing in liquor constitutes a business, and citizens have a fundamental right to engage in such business under Article 19(1)(g) of the Constitution of India. However, the State can impose reasonable restrictions on this right in the interest of public safety under Article 19(6). The Court found that the Excise and Taxation Commissioner's requirement for the appellant to shift the premises due to local objections was not arbitrary or unreasonable, thus upholding the decision of the Jammu and Kashmir High Court.

KRISHNA KUMAR NARULA ETC. vs THE STATE OF JAMMU AND KASHMIR & ORS. · Niyam