SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1956 Supreme(Kar) 67

SREENIVASA RAO, H.HOMBE GOWDA
ZAHIRUDDIN – Appellant
Versus
STATE OF MYSORE – Respondent


SREENIVASA RAO, J.

( 1 ) THE Petitioner has been prosecuted for an offence under Section 11 (1) read with Section 45 of the Mysore Shops and Establishments Act, 1948, on the ground that he was found carrying on business in his cycle shop on a declared weekly holiday. He has filed this writ petition for quashing the entire proceedings on the ground that the said provision, i. e. , Section 11 (l) of the act is wholly void. He has also urged that Section 6 of the Act which enables Government by notification to exempt either permanently or for any specified period, any establishment or class of establishments, or person or class of persons, from all or any of the provisions of this Act, subject to such conditions as the Government deem fit, is void as it is arbitrary and discriminatory and does not contain within itself any criteria for such exemption. The latter question however does not arise for consideration in this petition since it is not the petitioner's case that he applied for exemption and was refused such exemption. The attack against the constitutionality of Section 11 (1) is on the ground that, it offends Article 19 (1) (g) of the Constitution inasmuch as it comes in the




Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top