Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | West Bengal 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 New Sites and Grantof Licence for Retail Sale of Liquor and Certain Otherc Intoxicants) Rules, 2003 - r.8 (as amended in 2004) -Application for issuance of licence for retail sale of liquormade in 1992 - Granted in 2006 - PIL seeking cancellationof licence being in violation of amended r. 8 - High Court heldthat licence was in violation of amended r. 8 which prohibitedgrant of licence for retail sale of liquor at a new site within 1000feet from educational institutions/religious places - On appeal,plea that application having been made in 1992 rules applicable at that time were applicable and not subsequent amended rules - Held: Rules which are prevalent on the date when the application is considered are to be applied and notthe date when the application is made - In view of the facts,application of the appellant was to be governed by new Rulesof 2003, as amended in 2004 - On the basis of the amendednew Rules, appellant could not have been granted the licence- West Bengal Excise Rules, 1993 - r. 8 - Circular datedF 28.9.2005 issued by the Excise Commissioner, West Bengal. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2013 INSC 682 |
Petitioner | Somdev Kapoor |
Respondent | State Of West Bengal & Ors. |
SCR | [2013] 10 S.C.R. 452 |
Judgement Date | 2013-10-07 |
Case Number | 9016 |
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