waterways and it is constitutionally
invalid being violative of Article 301 read with Article
304(b) of the Constitution of India. The High Court ... that the impugned Act would attract application of Article 301
and require compliance of Article 304(b) of the Constitution of India.
The Court also
that the Act is violative of Article 301 of the
Constitution and is not saved by Article 304 and second: that the Act in
fact ... restriction
on trade and would fall foul of Article 301, particularly when the
provisions of Article 304(b) have not been adhered to.
However
would not be, in any way,
violative of Article 301.
(2) Further, Article 304(b) empowers the State
legislature to impose reasonable restrictions on
freedom ... States within the
meaning of Article 301 of the Constitution. As is
manifest, Article 304 is an exception of Article 301 of the
Constitution
would not be, in any way,
violative of Article 301.
(2) Further, Article 304(b) empowers the State
legislature to impose reasonable restrictions on
freedom ... States within the
meaning of Article 301 of the Constitution. As is
manifest, Article 304 is an exception of Article 301 of the
Constitution
article unless the said law stands the test as provided under Article 302 in the case of law made by the Parliament and Article 304 ... provisions of Article 301 and its validity can be sustained only if it satisfies the requirements of Article 302 or Article 304 of Part XIII
would not be, in any way, violative of Article 301.
(2) Further, Article 304(b) empowers the State legislature to impose reasonable restrictions on freedom ... States within the meaning of Article 301 of the Constitution. As is manifest, Article 304 is an exception of Article 301 of the Constitution
particular case.
.....................
The non obstante clause referring to article 301 would go with article 304(a) , and that indicates that tax on goods would ... scope and width of the freedom guaranteed under article 301 ; in other words, article 304(a) is another exception to article 301.
.....................
There are, however
regulatory
levy which has consistently been held on the touchstone of Article 304.
25. The conduct of the respondent/licensee in attempting to wriggle ... public interest and restrictions that
may validity be imposed under Article 304(b) are those which seek to
protect public health, safety, morals and property
commencement of the Constitution. The
said provision is in tune with Article 305 of the Constitution, therefore, the
same calls for a strict construction ... another locality. Clearly such a
provision is in consonance with Article 304 of the Constitution. If by reason
of a statute an embargo has been
notification issued on December 26, 2001 is violative of Articles 301 , 303 , 304 and 19(1)(g) of the Constitution of India which provide ... trade and commerce. A reference has been made to proviso to Article 304 to highlight that the said provision prohibits amendment in the Act without
