Supreme Court · 2004 INSC 150 · Decided 9 March 2004
Om Prakash and ORS. v. State of U.P. and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 150 · [2004] 2 S.C.R. 900
- Case number
- CIVIL APPEAL No. 3270/1998
- Decided
- 9 March 2004
- Bench
- SHIVARAJ V. PATIL, D.M. DHARMADHIKARI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 19(l)(g)
Headnote
UP. Municipalities Act, 1916-Section 298(1) and (2) List I Heading F-Bye-Laws-Framings of-Power of Municipality-Municipal Board amended existing bye-law by including "eggs" thereby totally prohibiting C their sales within the municipal limits-The word "eggs" was not mentioned of-Act prescribed a special D 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 followed the special procedure and not on the Municipality that it had
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