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LANDMARK CASE

Hamdard Dawakhana v. Union of India

AIR 1960 SC 554 · Supreme Court of India · Constitutional law

At a glance

  • Citation: AIR 1960 SC 554
  • Court: Supreme Court of India
  • Area of law: Constitutional law
  • In one line: Such advertisements were held not to be protected as they promoted trade, not ideas.

1 Facts

A law banned advertisements of drugs claiming to cure certain diseases.

2 Issue

Is commercial advertising protected free speech?

3 What the court decided

Such advertisements were held not to be protected as they promoted trade, not ideas.

4 Why it matters

Later modified by Tata Press (1995).

5 Think about it

Why did the Court change its view in Tata Press?

6 Analyse it yourself

Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.

How to analyse a judgmentHow to cite this case

7 More cases on Constitutional law

  • A.K. Gopalan v. State of Madras AIR 1950 SC 27
  • ADM Jabalpur v. Shivkant Shukla (1976) 2 SCC 521
  • Air India v. Nergesh Meerza (1981) 4 SCC 335
  • Ajay Hasia v. Khalid Mujib Sehravardi (1981) 1 SCC 722
  • Anuj Garg v. Hotel Association of India (2008) 3 SCC 1
  • Anuradha Bhasin v. Union of India (2020) 3 SCC 637

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