Note-Books (Prohibition) Act, 1980

 

Note-Books
(Prohibition) Act, 1980


Clause
(b) of Section 2-Note-Book” means any printed book that contains notes,
annotations, explanations, comments, references, answers or solutions to any
question of any Text-Book. Since freedom of speech and expression and freedom
of the press mean expression of idea of any sort, restriction on the publication
of “Note-Books” necessarily means restriction on that right of a citizen
guaranteed by clause (2) of Article 39 of the Constitution. The Act in its
entirity is ultra vires of Article 39(2) of the Constitution and is struck down
as unconstitutional.

Dewan Abdul
Kader alias Mustafa Kamal and others Vs. Government of Bangladesh, represented
by the Secretary, Ministry of Law and Parliamentary Affairs and others, 14 BLD (HCD)
418.

Ref:
Alma Lovell Vs. City of Griffin, 82 Lawyers’ Edition, October Term, 1937, U.S.
303; Romesh Thappar Vs. State of Madras, AIR 1950(SC) 124; Express Newspapers
Ltd. V .The Union of India,AIR 1 958(SC)578-Cited

 

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.