Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Madhya Pradesh Distillery Rules 1995: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Madhya Pradesh Distillery Rules, 1995: Rule 4(41) - Notice to licensee under the Act - Demanding certain amount as excess expenditure on the establishment of officers and employees - Challenged by filing writ petition without challenging the vires of r. 4(41) - Single Judge of High Court quashed the demand notice holding the same as arbitrary and unreasonable - Single Judge though opined that r. 4(41) seems to be ultra vires MP. Excise Act beyond the rule making power~ but in absence of any prayer in this regard,· did not give any order in that behalf- Writ appeal dismissed - On appeal, held: Vires. of the Rules, since .was not challenged by the writ petitioner, cannot be looked into by this Court - No sufficient foundation was. laid in the writ petition ta. enter into the issue as to whether the demand·was arbitrary and unreasonable - However, liberty is granted to the respondent to represent against the demand notice. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2017 INSC 1267 |
Petitioner | State Of M.p. & Anr. |
Respondent | Kedia Great Galeon Ltd. & Anr. |
SCR | [2017] 4 S.C.R. 163 |
Judgement Date | 2017-02-28 |
Case Number | 921-922 |
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