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Gandhi Irwin Salt Manufacturers ... vs The Government Of Tamil Nadu And Etc. ... on 10 October, 1995 cites

Bhagwan Dass And Another vs Municipal Corporation Of Delhi on 26 May, 1994

68. The decision in the case of Bhagwan Dass v. Municipal Corporation of Delhi, , in my opinion does not help the petitioners. That was a case where the sale of sugarcane juice was prohibited exercising power under Section 383 of the Delhi Municipal Corporation Act. The Court observed that when the Commissioner acts under Section 383 of the said Act, he must be alive to two legal concepts, viz., (i) that the sale and preparation of any article of food or drink for human consumption forming subject-matter of fundamental right under Article 19(1)(g) of the Constitution is being brought under restriction or prohibition and so it has to withstand the test of Article 19(6); and (ii) that a statutory authority governed by a statute has to act within the four corners of law. A power which for its exercise depends on existence of certain prerequisites cannot be exercised unless the prerequisites exist. On facts in that case the Court found that the prerequisites did not exist in that case. Hence the impugned notice was quashed reserving liberty to the Corporation to carry out survey and conduct scientific investigation and to take action thereafter under Section 383 if only there is a genuine necessity.
Delhi High Court Cites 9 - Cited by 2 - R C Lahoti - Full Document
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