Supreme Court of India · 2019-10-17
Barasat Eye Hospital Thr. Its Rep. vs Kaustabh Mondal
- Citation / case number
- AIRONLINE 2019 SC 2075
- Court
- Supreme Court of India
- Petitioner
- Barasat Eye Hospital Thr. Its Rep.
- Respondent
- Kaustabh Mondal
- Author
- Sanjay Kishan Kaul
- Bench
- K.M. Joseph, Sanjay Kishan Kaul
Judgment text excerpt
The Supreme Court addressed the constitutional validity of the right of pre-emption, which has historical roots in Mohammedan law but is largely absent in Hindu law. The court noted that while some views oppose this right on the grounds of justice and equity, the reasonableness of such statutes must be evaluated within the societal context. The judgment emphasizes the need for a nuanced understanding of pre-emption laws as they apply differently across various states in India.