Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1970 – Puducherry Excise Rules 163 and 209 Puducherry Excise Act 1970 – rr. 122 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Puducherry Excise Act, 1970 – Puducherry Excise Rules, 1970 – rr. 122, 163 and 209 – Appellant sought to transfer his licensed liquor shop from one region to another – Respondent No. 3-the Deputy Commissioner of the region where appellant sought transfer, granted permission – Respondent No. 1 filed writ petition – High Court set aside the permission granted to the appellant – High Court held that the word/phrase/term ‘place’ in the Excise Act and Excise Rules had a restrictive meaning – It was further held that the order which permitted shifting of the wholesale liquor shop of the appellant had to be confined to a region and not to an entirely different region – On appeal, held : The Excise Act and The Excise Rules uses the expression ‘local area’ in contradistinction with the word ‘place’, whenever it was intended to confine the area in which the liquor shop was located – The expression ‘from one place to another’ is not restrictive, and does not curtail the power of the Licensing Authority to grant permission for shifting the licensed shop from one region to another in the Union Territory of Puducherry so long as the conditions stipulated by the Excise Act and Excise Rules, as also the conditions for grant of a license are complied with – The shifting should not result in the increase in number of liquor shops beyond the maximum number of licenses which may be fixed for a particular area u/r.122 of the Excise Rules – Further, the permission was granted to shift the premises subject to compliance with the conditions laid down with r.209 of the Excise Rules – In the instant case, the Deputy Commissioner had imposed additional two conditions – All the conditions under the Excise Act and Rules were complied by the appellant – The permission granted for shifting the licensed shop was legal and valid. |
Judge | Hon'ble Ms. Justice Indu Malhotra |
Neutral Citation | 2019 INSC 1409 |
Petitioner | M/s Cee Cee & Cee Cee |
Respondent | K. Devamani & Ors. |
SCR | [2019] 15 S.C.R. 384 |
Judgement Date | 2019-12-18 |
Case Number | 9494 |
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