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1995 (4) TMI 284 - SC - Indian LawsWhether video games require to be regulated under the respective Mysore Police Act, 1963 and the notifications issued thereunder and the Madras City Police Act, 1888 and the orders of the Tamil Nadu Government in GOMs No. 166-0 dated 18-1-1993 and the allied? Held that:- The Karnataka appellants urgument that the High Court having severed para 3(2) of the Order being inapplicable to the video games, the whole order must be struck down as being inseparable is not acceptable as it has already been held that the orders are statutory in character. Though the delegated authority under the Act made a general order, it may well be that a part thereof is not applicable, or is bad, in relation to a particular trade or business. Partly good and partly bad legislation cannot be struck down as a whole. To the extent it becomes applicable to a particular trade or business, it would be valid and operative and the balance remains either inapplicable or invalid. Diverse situations may arise in a particular trade or business. For that reason, the delegated legislation cannot be, condemned as a whole unless the invalid part is inextricably interconnected with the valid. The Court is, therefore, entitled to consider whether the rule as a whole or in part is valid or becomes invalid or inapplicable. On its finding that to the extent the rule is not relevant, the Court is entitled to set aside or direct to disregard the irrelevant or inapplicable part leaving the rest intact and operative. The condition in para 4 of the Bangalore order envisages thus "(5) The licensing authority shall in deciding whether to grant or refuse licence for conducting public amusements does not provide for a right of hearing. Appeal dismissed.
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