Supreme Court of India

Indian Handicrafts Emporium and Ors. v. Union of India and Ors.

Neutral citation

Reported as [2003] SUPP. 3 S.C.R. 43

Bench V.N. Khare J.

Decided 27 August 2003

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

7 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that having regard to the pattern in which clause (a) of sub-section (3) of Section 10 of the Act is enacted and also the context, the words 'if the landlord required it for his own use or for the use of any member of his family' which are found in sub-clause (ii) of Section 10(3)(a) of the Act have to be read also into sub-clause (iii) of Section 10(3)(a) of the Act.

Judgment, page 52

From the headnote

Constitution of India, 1950: Articles 19(1)(g) and 14-Wi1d Life (Protection) Act, 1972 (as amended)-Section 49C-Prohibition in trade of imported ivory-- Constitutional validity of-Held· Protection and preservation of wild life was in public interest and amendment was made for saving endangered species from extinction and to arrest further depletion-Hence restriction imposed in public interest-Thus Amending Act 44 of 1991 not ultra vires Articles 19(J)(g) and 14. Article 300A-Right to property-Held: Is a human right and a constitutional right but not a fundamental right-Every claim to property

Authorities it was built on

1979 Ramana Dayaram Shetty v. The International Airport Authority of India and Ors. cited by 124
1970 Rustom Cavasjee Cooper v. Union of India cited by 72
1959 Hamdard Dawakhana (wakf) Lal Kuan, Delhi and Another v. Union of India and Others cited by 25
1968 State of Maharashtra v. Mumbai Upnagar Gramodyog Sangh cited by 5

Where later benches applied it

2024 Property Owners Association & Ors. v. State of Maharashtra & Ors. referred to
2024 Lucknow Nagar Nigam & Others v. Kohli Brothers Colour Lab. Pvt. Ltd. & Others referred to
2024 Nara Chandrababu Naidu v. State of Andhra Pradesh & Anr. referred to
2022 Noel Harper & Ors. v. Union of India & Anr. referred to
2021 Akshay N Patel v. Reserve Bank of India & Anr. referred to
2021 Jaypee Kensington Boulevard Apartments Welfare Association & Ors. v. Nbcc (india) Ltd. & Ors. referred to
2014 Abp Pvt. Ltd. & Anr. v. Union of India & Ors. mentioned

Of those, 6 referred to · 1 mentioned

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