Dr. Mohammad Ayub vs State Of U.P. And 3 Ors-It is pertinent to mention that guarantee of the Fundamental Rights has been made subject to reasonable restrictions which may be imposed by the State. The power to impose reasonable restrictions may be necessary in the interest of public order, morality and health provided the restrictions so imposed are not unreasonable and arbitrary.
constitution of India—Article 13, 14, 16 and 29—Admission—Executive Orders of Admission in educational Institutions.
a statute which in its direct operation is prospective cannot properly be called a retrospective statute because ‘a part’ of the requisite for its action is drawn from a time antecedent to its passing.
If physical restraints on a person’s movements affect his personal liberty, physical encroachments on his private life would affect it in a larger degree. Indeed, nothing is more deleterious to a man’s physical happiness and health than a calculated interference with his privacy.
“personal liberty” is used in the Article as a compendious term to include within itself all the varieties of rights which go to make up the “personal liberties” of man other than those dealt with in the several clauses of Art. 19 (1). In other words, while Art.19 (l) deals with particular species or attributes of that freedom, “personal liberty” in Art. 21 takes in and comprises the residue
An unauthorised intrusion into a person’s home and the disturbance caused to him thereby, is as it were the violation of a common law right of a man—an ultimate essential of ordered liberty, if not of the very concept of civilisation.
SUPREME COURT OF INDIA FULL BENCH ( Before : L. M. Sharma, C.J; S. Ratnavel Pandian, J; S. P. Bharucha, J; S. Mohan, J; B.P. Jeevan Reddy, J ) UNNI KRISHNAN, J.P. […]
Foreigners Act confers power on the Central government to expel foreigners from India. This power with the Central Government is absolute and unfettered. There is no provision in the Constitution fettering the […]
KEYWORDS : Fundamental right of company-eminent domain- HELD : No one except those whose rights are directly affected by a law can raise the question of the constitutionality of that law. The […]
There exist equitable harmony between Parts III and IV of the Constitution, no intention could be inferred by making the fundamental rights conferred by Part III subservient to the directive principles of State Policy […]
KEYWORDS:- JUDICIAL REVIEW-imposing reasonable restrictions-test of reasonableness Court naturally attaches great weight to the legislative Judgment, it cannot desert its own duty to determine finally the constitutionality of an impugned statute. DATE:- […]
1950-Fundamental rights to carry Business and Trade.19-05-1950-The proper order in such circumstance would be to direct the respondent Board not to prohibit the petitioner from carrying on the trade of wholesale dealer and commission agent of vagetables and fruits within the limits the Municipal Board of Kairana, except in accordance with the bye-laws as and when framed in future according to law, and further to direct the respondent Municipal Board to withdraw the pending prosecution of the petitioner