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‘Hawkers have a fundamental right to trade' by J Venkatesan

Observing that hawkers have a fundamental right to carry on their business, the Supreme Court has asked the Delhi Government to enact a law to regulate their trade keeping in mind also the right of commuters to move freely and use the roads without any impediment. A Bench of Justice G. S. Singhvi and Justice A. K. Ganguly disposing of a batch of appeals filed by hawkers said “before June 30,...

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Hawkers' fundamental right can't be left in limbo: court by J Venkatesan

Observing that hawkers have a fundamental right to carry on their business, the Supreme Court has asked the Delhi Government to enact a law to regulate their trade keeping in mind also the right of commuters to use roads without any impediment. “Before June 30, 2011, the appropriate government is to enact a law on the basis of the Bill mentioned [by the authorities] or on the basis of any amendment...

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Court rejects plea to make property a fundamental right by J Venkatesan

The Supreme Court has dismissed a public interest litigation petition seeking a direction to make ‘right to property' a fundamental right under the Constitution. Though the ‘right to property' was deleted by the 44 {+t} {+h} Constitution Amendment in 1978, it was challenged only in 2007 in the context of acquisition of large extents of land for Special Economic Zones, and the court issued notice to the Centre. It was contended in...

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Concern over National Green Tribunal Act

Forest Minister Benoy Viswom on Monday expressed apprehension that the National Green Tribunal Act, enacted by the Centre, would lead to dilution of the Forest (Conservation) Act. In a letter to Union Minister of State for Environment and Forests Jairam Ramesh, Mr. Viswom called upon the Union Minister to convene a conference of State Ministers of forests and environment to discuss issues related to the Act. Concerns Mr. Viswom said while he appreciated...

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Can SC/ST benefits in one State be carried over to others? by J Venkatesan

This important question of law referred to larger Bench of Supreme Court Is a person belonging to a Scheduled Caste/Scheduled Tribe in a State entitled or not to benefits or concessions allowed to SC/ST candidates in employment in another State? The Supreme Court on Thursday referred this question to a larger Bench. A Bench of Justices B. Sudershan Reddy and S.S. Nijjar, in its order, said: “A very important question of law...

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