Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Foreign Liquor Rules 1974: |
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, 1974: Application for grant of Beer/Wine Bar FL-11 Licence - For its hotel which was 70 meters from the nearest objectionable institution - Excise Commissioner recommended grant of sanction for the Licence as per the Rules '- While the said recommendation was pending 'consideration, Liquor Rules amended on 18th April, 2012 prescribing the minimum distance-uin objectionable institution as 200 meters - In view of the amendment of the Rules, the application ยท 0 was rejected - Writ petition by the applicant challenging the decision as also the amendment of the Rules - Allowed by Single Judge of High Court holding that since the order sanctioning the grant of licence was prior to amendment, application could nol have been rejected on the basis of the amended Rules - In writ appeal as well as in Review, order of Single Judge was affirmed - On appeal, held: Since the final decision as to grant of the Licence was taken after the Rule was amended, the application was required to be considered keeping in view the amended provision - Matter remanded to the Single Judge of High Court to decide afresh on other issues |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2017 INSC 343 |
Petitioner | State Of Kerala & Ors. |
Respondent | M/s. Palakkad Heritage Hotels |
SCR | [2017] 3 S.C.R. 239 |
Judgement Date | 2017-04-13 |
Case Number | 5204 |
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