CiteTEXT
...opinion of the court, fixation of prices prescribed by Section 4 was reasonable and in the interest of the general public both under Article 19(5) and Article ...that by the amendments in Article 19(6) it was intended that the State monopoly in respect of any trade or business must be presumed to be reasonable and in the interests of the general public; th...to the Government as they think fit. The action of the Government if conceived and executed in the interest of the general public is not open to judicial scrutiny. But it is not given to the...
...question, however, is whether the restriction imposed is reasonable and in the interest of the general public within Article 19(5) of the Constitution. The general quest...family, would suffice to render the restriction reasonable and in the interest of the general public within Article 19(5). In this connection we might refer to the reasoning in the decisi...relations of the vendor is either unreasonable or not in the interest of the general public. The result is the appeal fails and is dismissed with costs.Civil...
...the terms of the impugned scheme. The effect of nationalisation on the properties or business of the operators is not such as cannot be regarded to be a reasonable restriction in the interest of the ...the interest of the general public so far as Article 19(1)(g) and Article 19(6) are concerned. This is in view of the fact that the tests prescribed by clauses 5 ...indicated that the State monopoly in respect of any trade or business must be presumed to be reasonable and in the interest of general public so far as Article 19(1)(g) was concerned. The...
...reasonable or not as they would be deemed to be reasonable and in the interest of the general public because they have been imposed by the appropriate Legislature.5. Certain cases u...Article 19 which may be imposed in the interest of the general public or for the protection of the interest of any scheduled tribe. The customary law of pre-emption as e...India have to see under Article 19(1)(f) read with Cl. (5) of the Constitution whether or not the restrictions imposed by any law are reasonable and are in the interest ...
...any occupation, trade or business. But clauses (5) and (6) of Article 19 authorize the State to make a law imposing restrictions in the interest of the general public, but the re...is entrusted to the highest executive in the State which ordinarily can be relied upon to discharge its duties honestly, impartially and in the interest of the public without any extraneous...to achieve the object of the Act i.e to enforce the said provisions, which have been enacted in the interest of the public; and that power, as we have indicated, is exercisable on the basis of...
...experts and also the nature of trawl fishing, highlighting the various points stated in the preceding paragraphs, held that Ext. P1 order has imposed only a reasonable restriction in the interest of the ...by the Government in the larger interest of the general public cannot be subject to minute or microscopic scrutiny in exercise of the discretionary jurisdiction vested in this Court under...are not being allowed to take their boats through territorial waters and such a prohibition is violative of their fundamental rights guaranteed under Article 19(1)(g) of the...
...be valid in view of the provisions contained in cl. (5) of Article 19 which saves legislations which are enacted in the interest of the general public ...land is acquired in the interest of the general public. The payment of just and reasonable compensation amply safeguards the rights of the owner whose land is acquired. Compulsory acquisi...may be necessary in the larger interest of the general public, and cannot per se be regarded as an unreasonable restriction. It cannot be said that even though the land is needed in the interest ...
...fundamental right to produce in a manner as they wish to do and this is not the scope and ambit of Article 19 of the Constitution. The
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interest of the general public is paramount compared to the interest of the political party which wanted to celebrate the foundation day.
..., the court noted the order passed in an earlier writ petition in WPA 1196 of 2024 and the appeal preferred by the State against the said decision in MAT 148 of 2024 quoted paragraphs 5, 6, 7 and 8 ...
...arrears of rent that must, like any other measure for relief of indebtedness, be justified as a reasonable restriction in the interest of the general public within the meaning of Article ...have the protection of Article 31-A.
The majority also held that the provisions in section 73 have not been shown to be a reasonable restriction in the interest of the general public so as...rent to have the earlier arrears wiped out has been thought of by the Legislature in the interest of the general public to enable the cultivating tenants to spare themselves from the distractions ...
...part of the territory of India had to yield to larger interest of the community. That the Act was, therefore, bated on sound principles could not be gainsaid. The only question was whether reasonable restraint was ....
5. Therefore, while interpreting these guide lines-we will have to keep in mind the interpretation of Article 19(5) and the words 'in the interest of general ...constitutional guarantee under Article 19(1)(d) and (e), because the restraint sought to be imposed on the petitioner's freedom was not in the interest of general ...
...himself Untwalia and Murtaza Fazal Ali, JJ) held that the words “in the interest of general public” was clearly defined and took its colour from Article 19(5) ...the courts have often been called upon to decide whether a particular action is “in the interests of the general public” or in “public interest” and no difficulty has been experienced by the court...formula adopted in the Constitution? We are clearly of the view that sufficient guidelines are provided by the words “in the interests of the general public” and the power conferred on the Passport Authori...
...nature of trawl fishing, highlighting the various points stated in the preceding paragraphs, held that Ext. .P-l order has imposed only a reasonable restriction in the interest of the general public ...general public cannot be subject to minute of microscopic scrutiny in exercise of the discretionary jurisdiction vested in this Court under Art.226 of the Constitution of India and declin...take their boats through territorial waters and such a prohibition is violative of their fundamental rights guaranteed under Art.19 (1) (g) of the Constitution to carry on any occupation, trade or...
...Article 19(1)(f) and Article 19(1)(g) of the Constitution. Taking the Bihar Order first, consider that the restrictions imposed are reason able restrictions in the interest ...Minimum Wages Act were reasonable, and being imposed in the interest of the general public were protected by cl. (6) ...restrictions imposed by the Bihar Milled Rice Procurement (Levy) Order, 1958, and by the Milled Rice (Bihar) Price Control Order, 1958, are reasonable restrictions in the interest of the general public, ...
...West Bengal Act being an Act passed in furtherance of a public purpose, that is in the interest of the general public, the objection of unreasonableness must f...restriction must be deemed to have been imposed in the interest of the general public...refugees who have also constructed houses thereon and have also brought the agricultural lands under cultivation. In subparagraph 5 of paragraph 4, it is stated that it was subsequently thought...
...fundamental right is prohibited, the burden of proving that a total ban on the exercise of the right alone may ensure the maintenance of the general public interest lies heavily upon the State....ceased to be capable of yielding milk or of breeding or working as draught animals was not in the interests of the general public and was invalid.5. Attempts we...interests of the general public and a less drastic restriction will not ensure the interest of the general public. The Court must in considering the validity of the impu...
...settle in any part of the territory of India was guaranteed to all citizens while pointing out the provisions of Article 19(5). It was argued that the State only had the power to make any law whereby it co...it to do under the Constitution of India?
4. Whether the legislation provides reasonable restrictions in the interest of the general public and thus gives the righ...was without any basis. It was further contended that it was a reasonable restriction which was permissible under the provisions of Article 19(5) and 19(6) which was in the interest of the...
...making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clause either in the interests of the general public or for the protection of the in...tenable in the eye of law, as the restrictions imposed by the Traffic Notification having the force of law comes within the exceptions of Clauses (5) and (6) of Article 19...,
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infringing upon the petitioner's fundamental right to movement and carry on business enshrined under Article 19 of the Constitut...
...Lordships further observed that the objective underlying the first ground was prima facie reasonable and calculated to further the interest of the general public, and, in any case the second groun...proviso not being in the interests of the general public was not saved by Article 19(5) of the Constitution and was thus liable to be struck down, and...transfer under proviso (c) to sub-section (1) of Section 46 of the Act, it may be pointed out that the expression “interests of the general public” in Cl. (5) of Article 19 is ve...
...community and to implement the agnatic rule of succession. Their Lordships further observed that the objective underlying the first ground was prima facie reasonable and calculated to further the interest ...Article 19(1)(f) of the Constitution and the restriction on the right of transfer imposed under the said proviso not being in the interests of the general ...public" In Clause (5) of Article 19 is very wide, and the State is always competent to impose restrictions under Clause (5) on grounds of social and economic policy. The right to...
...interest of the general public and the Act has been held to be protected by Art. 19(5). In our opinion, the Act is not a law providing for preventive detention and cannot be chal...enacted for the purpose of controlling and suppressing goondas with a view to the maintenance of public order. Sec. 2(b) defines ‘goonda’ thus:—“2(b). ‘Goonda’ means a person who...shall, by notice in writing, inform him of the general nature of the material allegations against him in respect of clauses (a), (b) and (c) and give him a reasonable opportunity of tende...