Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Bombay Prohibition Act, 1949 (25 of 1949) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, 1950: Article 245 and 246/VII Schedule-List II Entries 26 and 27/List III Entry 33: Legislative competence of State-Section 58A of Bombay prohibition Act-Enactment of-Whether within the legislative competence. Bombay Prohibition Act: Section 58A-Whether within the legislative competence of State Constitutional validity of Rule 2 of the Bombay Prohibition (Manufacture of Spirit) (Gujarat) Rules, 1963, framed by the State Government in exercise of powers conferred under Section 58A of the Bombay Prohibition Act, dealt with grant of licence for working of distillery for the manufacture of spirit. One of the conditions for grant of licence was that the cost of maintenance of staff, viz. payment of salary and allowances, was to be paid to the Government by the licensees. This was challenged by the appellant and the High Court upheld the levy as being within the legislative competence of the State. Aggrieved against the High Court's order, the appellant has preferred the present appeal. The appellant contended that since the judgement appealed against proceeded on privilege theory, it cannot withstand the principle laid down in Synthetic & Chemicals, case; and that levy as a fee under Entry 8 of list II of Seventh Schedule or excise duty under Entry 51 is different than the cost of supervision charged under Section 58A of the Bombay Prohibition Act. |
Judge | Hon'ble Mr. Justice R.M. Sahai |
Neutral Citation | 1992 INSC 30 |
Petitioner | Sh. Bileshwar Khand Udyog Khedut Sahakari Mandali Ltd. |
Respondent | State Of Gujarat And Anr. |
SCR | [1992] 1 S.C.R. 391 |
Judgement Date | 1992-01-28 |
Case Number | 503 |
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