Supreme Court of India

Om Prakash and Ors. v. State of U.P. and Ors.

Neutral citation

Reported as [2004] 2 S.C.R. 900

Bench Shivaraj V. Patil and D.M. Dharmadhikarl JJ.

Decided 9 March 2004

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.

3 Supreme Court benches have cited this judgment.

What the Court ordered

For the aforesaid reasons, the impugned bye-law notified by Municipal Board Rishikesh cannot be held to be violative of Article 19 (I) (g) of the Constitution.

Judgment, page 18

From the headnote

UP. Municipalities Act, 1916-Section 298(1) and (2) List I Heading -Bye-Laws-Framings of-Power of Municipality-Municipal Board amended existing bye-law by including "eggs" thereby totally prohibiting their sales within the municipal limits-The word "eggs" was not mentioned in List I Heading -Validity of-Held: Despite non-mention of the word "eggs", the bye-law valid. Municipalities-Bye-laws-Validity of-Act prescribed a special procedure for enactment of bye-laws by the Municipality-Following of Onus of proof-Held: Is on the person challenging the bye-law that the Municipality had not

Authorities it was built on

1958 Mohd. Hanif Quareshi & Others v. The State of Bihar cited by 32
1957 P. Balakotaiah v. The Union of Indla and Others cited by 17
1978 Himmatbhai Son of Chaganlal v. Rikhilal and Ors. cited by 7
1996 Hashmattullah v. State of M.P. and Ors. cited by 2

Where later benches applied it

2021 Jigya Yadav (minor) (through Guardian/father Hari Singh) v. C.B.S.E. (central Board of Secondary Education) & Ors relied on
2022 Noel Harper & Ors. v. Union of India & Anr. referred to
2013 Christian Medical College Vellore & Ors v. Union of India and Ors. mentioned

Of those, 1 relied on · 1 referred to · 1 mentioned

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