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Showing posts with label right to business. Show all posts
Showing posts with label right to business. Show all posts

Oct 25, 2010

Burrabazar Fireworks Dealers Association Vs Commissioner of police, Calcutta, AIR 1998 Cal 121

Court held that, “Art 19(1) (g) of the Constitution of India does not guarantee the fundamental right to carry on trade or business which creates pollution or which takes away that community’s safety, health and peace. A citizen or people cannot be made a captive listener to hear the tremendous sounds caused by bursting out from noisy fireworks.”

Oct 22, 2010

Cooverjee B Bharucha Vs Excise Commr, Ajmer, AIR 1954 SC 220

Hon'ble Supreme Court of India observed as under, " The right of every citizen to pursue any lawful trade or business is obviously subject to such reasonable conditions as may be deemed by the governing authority of the country essential to the safety, health, peace, order and morals of the community. Some occupations by the noise made in their pursuit, some by the odours they engender, and some by the dangers accompanying them, require regulations as to the locality in which they may be conducted.”

Oct 19, 2010

T B Ibrahim Vs The Regional Transport Authority, AIR 1953 SC 79

Hon'ble Supreme Court of India observed as under, "There is no fundamental right in a citizen to carry on business wherever he chooses and his right must be subject to any reasonable restriction imposed by the executive authority in the interest of public convenience.”