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Supreme Court of India 2018-01-25 dismissed

Karnataka Live Band Restaurants Association vs State of Karnataka & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

A restaurant owners' association challenged a 2005 Bangalore police order requiring licences for displaying live band music, cabaret, and discotheque performances in restaurants. The association argued the order violated their constitutional right to free trade (Article 19(1)(g)) and treated similar businesses unequally (Article 14). The Supreme Court upheld the order, holding that requiring licences for public performances in restaurants is a reasonable restriction in the interests of public safety, morality, and welfare. The Court confirmed that differential regulation of regularly-performed commercial entertainment versus occasional traditional cultural performances is constitutionally justified, and that compliance with safety, fire, noise, and decency conditions does not breach fundamental rights.

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Constitutional Law Fundamental Rights Administrative Law Police Regulations Licensing and Regulation of Businesses Article 14 (Equality) Article 19(1)(g) (Freedom of Profession/Business) Public Safety Public Morality Public Order

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