Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 14 - Entitlement to pay proportionate annual rental instead of full annual rent applicable for the year in respect of FL3 licence granted to appellant-licencee Foreign Liquor Rules: rr. 13 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Foreign Liquor Rules:rr. 13, 14 - Entitlement to pay proportionate annual rentalinstead of full annual rent applicable for the year in respectof FL3 licence granted to appellant-licencee - Due to thirdparty suit, injunction granted restraining excisecommissioner from issuing the said licence to the appellant for use at her hotel- Claim of appellant that she was disabledfrom utilising the licence ,tor the full period because of thirdparty intervention - Legality of demand to pay the fee for theentire year despite the truncated period of use by the appellantfor no fault attributed to appellant- Held: A party is entitled toE seek a remission in the payment of licence fee if it isprecluded from transacting business on the strength of thatlicence because of factors and reasons extraneous to it and!or if it is granted the licence on the direction of a Court for only a portion of the financial year - Respondent State torefund the excess amount paid by the appellant.rr.13, 14 - Renewal of licence -Appellant-licencee washolder of FL3 licence for the period ending on 31.3.2001 -Due to a dispute with its landlord it had to vacate the premises and on relocating it to another place, it applied for renewal oflicence on 26.2.2002 - Litigation - High Court directedappellant to pay licence amount and after such payment,licence renewed on 25.3.2003 - In these circumstances,appellant could conduct its business only for less than a fortnight in that licence year- Liability to pay licence fee forthe year 2002-03....: Held: Appellant is only liable to pay theproportionate licence fee for the period in which it could availof the licence, that is 25.3.2003 to 31.3.2003- RespondentState to refund the excess amount paid by the appellant. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2015 INSC 595 |
Petitioner | Chitra |
Respondent | State Of Kerala & Ors. |
SCR | [2015] 9 S.C.R. 752 |
Judgement Date | 2015-08-21 |
Case Number | 2246 |
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