Supreme Court of India · 2013-07-16
STATE OF MAHARASHTRA vs INDIAN HOTEL & RETAURANTS ASSN.
- Citation / case number
- SC 2006/11270
- Court
- Supreme Court of India
- Petitioner
- STATE OF MAHARASHTRA
- Respondent
- INDIAN HOTEL & RETAURANTS ASSN.
- Author
- SURINDER SINGH NIJJAR ALTAMAS KABIR
- Bench
- SURINDER SINGH NIJJAR ALTAMAS KABIR
Judgment text excerpt
The Supreme Court upheld the High Court's ruling that Section 33A of the Bombay Police Act, 1951, as amended in 2005, is ultra vires Articles 14 and 19(1)(g) of the Constitution of India. The Court established that the provisions infringe upon the fundamental rights to equality and the freedom to carry on any occupation, trade, or business. Consequently, the appeals by the State of Maharashtra were dismissed, affirming the High Court's decision.