Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Madhya Pradesh Excise Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Madhya Pradesh Excise Act, 1915 (2 of 1915) Industries (development and Regulation) Act, 1951 (65 of 1951) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Madhya Pradesh Excise Act, 19I5, sections 13, 14 and 62(2)(h) read with Rule XXll of the Madhya Pradesh Excise Rules and Rules Ill to V of Distillery Warehouse Rules. Scope of-Disposal of licences of manufacture or sale of intoxicants-Whether it was obligatory on the part of the competent authority to adopt the "tender method" failing which the "auction'', failing which again by fixed licence fee method- .and so on as prescribed in Rule XXII. Licences-Grant of D-2 licences as per the policy decision of the Government of Madhya Pradesh-Whether the licence granted create a monopoly in favour of the licencees. Policy decision of the State to privitise the liquor distilleries after careful consideration of all the facts emanating from the application of the Madhya Pradesh Distilleries Association-Whether the High Court could bifurcate it into two and strike down one part of the policy as bad. "Industries (Development and Regulation) Act, 1951, Section 11-. Whether non-obtaining a licence from the Central Government disentitled the setting up distilleries·-Such a plea not taken in the High Court-Supreme Court will not consider a new plea in an appeal under Article 136 of the Constitution. Constitution of India, I950, Article 14 -Applicability of- Whether will apply to grant of liquor licencesLaches in filing writ petition after the implementation of the policy decision dated 30.12.84--Seven licences acted upon and spent at least I to 5 crores and altered their position-Whether a writ could be granted. Practice and Procedure-Judgment writing,Objectionable remarks should be avoided-If any, be expunged. |
Judge | Honble Mr. Justice P.N. Bhagwati |
Neutral Citation | 1986 INSC 217 |
Petitioner | State Of Madhya Pradesh & Ors. |
Respondent | Nandlal Jaiswal & Ors. |
SCR | [1987] 1 S.C.R. 1 |
Judgement Date | 1986-10-24 |
Case Number | 1622 |
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