Restriction - Definition - Law Dictionary Home Dictionary Definition restriction

Definition :

Restriction, connotes that limitations imposed on a person for enjoyment of right should not be arbitrary or of an excessive nature beyond what is required in interest of public. Reasonableness of a restriction depends upon nature of right claimed, object to be achieved, means employed and limitations imposed, Syed Jassadduque Hussain v. Union of India, 1987 Kash LJ 760.

Restriction. Under the Land Registration Act, 1925, s. 58, and rules 56 and 58, L.R. Rules, 1925, is an entry on the register, usually requiring notice to or consent by a named person before any further dealing is registered. The restriction may be limited to a special class of dealings and may have a continuous effect unlike a 'caution,' which can only operate once. Restrictions are frequently entered for the protection of settled land. Consult Fortescue-Brickdale and Stewart-Wallace on the Land Registration Act, 1925.

It is reasonable to think that the makers of the Constitution considered the word 'restriction' to be sufficiently wide to save laws 'inconsistent' with Art. 19(1), or 'taking away the rights' con-ferred by the Article, provided this inconsistency or taking away was reasonable in the interests of the different matters mentioned in the clause. There can be no doubt therefore that they intended the word 'restriction' to include cases of 'prohibition' also, Narendra Kumar v. Union of India, AIR 1960 SC 430 (436): (1960) 2 SCR 375. (Constitution of India, Art. 19)

A limitation or qualification. A limitation (esp. in a deed) placed on use or enjoyment of property, Black's Law Dictionary, 7th Edn., p. 1316.