LALA HARI CHAND SARDA versus MIZO DISTRICT COUNCIL & ANR.

LALA HARI CHAND SARDA versus MIZO DISTRICT COUNCIL & ANR.

Section 3 of the Lushai Hills District (Trading by non-Tribals) Regulation, 1953 is violative of Article 19(1)(g) of the Constitution as it leaves an unbridled, arbitrary power to the District Council without principle, criterion, machinery for applicants to show cause, or remedy, amounting to an unreasonable restriction on the fundamental right to trade.

Parties
Appellant: Lala Hari Chand Sarda; Respondent: Mizo District Council; Respondent: Another respondent (unspecified)
Jurisdiction
India
Judgment Date
28 October 1966
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated November 23, 1960 of Assam and Nagaland High Court in Civil Rule No. 88 of 1960.
Outcome
Appeal allowed with costs.
Legal Topics
Fundamental Rights, Reasonableness of Restrictions, Licensing, Scheduled Tribes Protection, Sixth Schedule
Constitutional Law Fundamental Rights Reasonableness of Restrictions Licensing Scheduled Tribes Protection Sixth Schedule

Case Brief

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Parties

Lala Hari Chand Sarda

Appellant

Mizo District Council

Respondent

Another respondent (unspecified)

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated November 23, 1960 of Assam and Nagaland High Court in Civil Rule No. 88 of 1960.

Legal Issues

  1. 1 Whether section 3 of the Lushai Hills District (Trading by non-Tribals) Regulation, 1953 is violative of Article 19(1)(g) of the Constitution by conferring arbitrary power to refuse trading licences to non-tribals.
  2. 2 Whether the refusal to renew the appellant's trading licence was in contravention of constitutional rights.

Ratio Decidendi

Section 3 of the Lushai Hills District (Trading by non-Tribals) Regulation, 1953 is violative of Article 19(1)(g) of the Constitution as it leaves an unbridled, arbitrary power to the District Council without principle, criterion, machinery for applicants to show cause, or remedy, amounting to an unreasonable restriction on the fundamental right to trade.

Court Disposition

Appeal allowed with costs.

Orders

  • Section 3 of the Regulation is declared violative of Article 19(1)(g) and void to the extent of arbitrariness.
  • Appellant's appeal is allowed and costs awarded.