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march 2004

Supreme Court of India · 2004-03-09

Om Prakash & Others vs State Of Up & Others

Citation / case number
AIR 2004 SUPREME COURT 1896
Court
Supreme Court of India
Petitioner
Om Prakash & Others
Respondent
State Of Up & Others
Author
D.M. Dharmadhikari
Bench
D.M. Dharmadhikari

Judgment text excerpt

The Supreme Court examined the validity of a bye-law prohibiting the sale of eggs within the municipal limits of Rishikesh, determining that such a restriction must align with the fundamental right to trade under Article 19(1)(g) of the Constitution. The Court emphasized that any restriction must be reasonable and in the public interest as per Article 19(6). The bye-law was ultimately upheld as a valid exercise of municipal authority, balancing public health interests against individual trade rights.

Om Prakash & Others vs State Of Up & Others · Niyam