Regulation And Restriction - Definition - Law Dictionary Home Dictionary Definition regulation-and-restriction

Definition :

Regulation and restriction, a distinction between 'regulation' and 'restriction' or 'prohibition' has al-ways been drawn, ever since Municipal Corporation of the City of Toronto v. Virgo, 1896 AC 88: 73 LT 449. 'Regulation' promotes the freedom or the facility which is required to be regulated in the interest of all concerned, whereas 'prohibition' obstructs or shuts off, or denies it to those to whom it is applied. The Oxford English Dictionary does not define 'regulate' to include prohibition so that if it had been the intention to prohibit the supply, distribution, consumption or use of energy, the Legislature would not have contended itself with the use of the word 'regulating' without using the word 'prohibiting' or some such word to bring out that effect, State of U.P. v. Hindustan Aluminium Corpn., AIR 1979 SC 1459 (1466): (1979) 3 SCC 229: (1979) 3 SCR 709.