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july 2013

Supreme Court of India · 2013-07-16

State Of Maharashtra & Anr vs Indian Hotel & Retaurants Assn.& Ors

Citation / case number
AIR 2013 SUPREME COURT 2582
Court
Supreme Court of India
Petitioner
State Of Maharashtra & Anr
Respondent
Indian Hotel & Retaurants Assn.& Ors
Author
Altamas Kabir
Bench
Altamas Kabir

Judgment text excerpt

The Supreme Court upheld the High Court's declaration that Section 33A of the Bombay Police Act, 1951, inserted by the Bombay Police (Amendment) Act, 2005, is ultra vires Articles 14 and 19(1)(g) of the Constitution of India. The Court established that the provisions of Section 33A infringe upon the fundamental rights to equality and freedom of trade and profession, as they impose unreasonable restrictions on the operation of dance bars. Consequently, the appeals challenging the High Court's judgment were dismissed, affirming the protection of constitutional rights against arbitrary legislative action.

State Of Maharashtra & Anr vs Indian Hotel & Retaurants Assn.& Ors · Niyam