Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Grant of License Excise |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | WEST BENGAL EXCISE (SELECTION OF PERSONS FOR GRANT OF LICENSE AT NEW SITES FOR RETAIL SALE OF SPIRIT AND CERTAIN OTHER INTOXICANTS OTHER THAN FOREIGN LIQUOR ON CATEGORIES OF LICENSEE AND LICENSES FOR DENATURED SPIRIT) ORDER, 2000:Clause 3, Explanation, and Clause 5(3) - Criteria for grant of licence for country spirit shops- 'Unemployed youth' - Connotation of - Held: A person helping his brother in a shop of which he is not owner or a person carrying on a business which is of seasonal nature, and living on mere subsistence earning as of necessity cannot be considered to be gainfully employed - The word 'unemployed' is required to be given a purposive meaning which satisfies text and context in which the word has been used - Interpretation of Statutes - Purposive construction. WORDS AND PHRASES: Expression 'unemployed youth' - Connotation of in the context of grant of licence for retail sale of spirit. In response to an advertisement issued by the State of West Bengal inviting applications from companies/firms/societies formed by unemployed youths, respondent No.1, a partnership firm of respondents Nos.2 .·and 3, applied for and was granted licence for country spirit shops. Appellant No.1, a partnership firm of appellants Nos.2 and 3, filed a writ petition before the High Court challenging the grant of licence to the respondents primarily on the ground that respondent No.2 carried on seasonal business of paddy and respondent No.3 carried on business with his brother, B and as such both could not be termed as 'unemployed youth'. The single Judge of the High Court allowed the writ petition, but the Division Bench in intra-court appeal reversed the judgment of the Single Judge. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 29 |
Petitioner | Paul Enterprises & Ors. |
Respondent | Rajib Chatterjee & Co. & Ors. |
SCR | [2009] 1 S.C.R. 259 |
Judgement Date | 2009-01-13 |
Case Number | 101 |
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