MUKUL MUDGAL, SANJIV KHANNA
Mahesh Bhatt and Kasturi – Appellant
Versus
Union of India – Respondent
Sanjiv Khanna, J
1. At the very outset, we begin with the Caveat, which is almost universal whenever constitutional validity of a legislation is challenged, while deciding the question of constitutional validity, we do not pronounce judgment on whether the impugned legislation is desirable and should have been enacted. A legislation may be constitutional, yet it may not be desirable [Denis v. U.S. reported in (1950) 341 U.S. 492.
2. The present Writ Petitions challenge the legality and validity of some of the provisions of the the Cigarette and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (hereinafter referred to as the Act, for short) and the amended Cigarettes and Other Tobacco Products Prevention of Advertisements and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules, 2005 (hereinafter referred to as the Rules, for short). It may be noted that Writ Petition (Civil) Nos. 18761/2005 and 23716/2005 titled Mahesh Bhatt v. Union of India was filed in this Court, while other two Writ Petition (Civil) Nos. 7410-11/2006 titled Kasturi and sons v. Union of Indi
2. Bennett Coleman and Co. v. Union of India (1973) 2 SCR 757
6. Dharam Dutt v. Union of India AIR 2004 SC 1295
9. Godawat Pan Masala Products I.P. Limited v. Union of India AIR 2004 SC 4057
10. In Re: Noise Pollution AIR 2005 SC 3136
11. Indian Express Newspapers Bombay Private Limited v. Union of India (1985) 1 SCC 641
18. Mr. X v. Hospital Z (1998) 8 SCC 296
20. Murli Deora v. Union of India AIR 2002 SC 40
22. P.A. Jacob v. Superintendent of Police
23. P.N. Krishna Lal v. Govt. of Kerala 1994 (5) SCALE 1
24. Ramesh Yeshwant Prabhoo (Dr) v. Prabhakar Kashinath Kunte AIR 1996 SC 1113
25. S. Rangarajan v. Jagivan Ram 1989 2 SCR 204
26. Sakal Papers v. Union of India 1962 3 SCR 842
29. Tata Press Limited v. Mahanagar Telephone Nigam Ltd. AIR 1995 SC 2438
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