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july 2013

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.

STATE OF MAHARASHTRA vs INDIAN HOTEL & RETAURANTS ASSN. · Niyam