Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Foreign Liquor (Compounding Blending and Bottling) Rules t'975: r. 28A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Foreign Liquor (Compounding, Blending and Bottling), Rules t'975: r. 28A - Writ petition filed beforeHigh Court C highlighting the grievance that as perr.28A of the Rules of 1975 framed under Kera/a Abkari Act, the licenced premises for sale of liquor in respect of the licences issued under the Rules are required to remain closed on the days specified in the Rules but the State of Kera/a and its functionaries, in D violation of r. 28A, had issued orders to allow the sale of IMFL on 1st of September, 2009 from the licensed premises which was totally unlawful - High Court was required to interpret r.28A of the Rules - While disposing of the writ petition, High Court declared r. 7(11 )(vii) of Kerela Abkari Shops Disposal Rules E 2002 by virtue of which toddy shops were allowed to function on 1st of September, 2009 as discriminatory and unreasonable - On appeal, held: Suo motu· assumption of jurisdiction by High Court was totally uncalled for - High Court fell ihto grave error by declaring another Rule as F discriminatory - The judgment of the High Court, as far as it declares the 2002 Rules as ultra vires in respect of the toddy shops being kept open on the first day of all English Calendar month is set aside - Kerala Abkari Act - s. 71.Constitution of India, 1950: It is a settled principle of law that a person who assails a provision to be ultra vires must plead the same in proper perspective - While interpreting the effect and impact of a particular rule relating to a different sphere, the High Court in exercise of its power under Article 226 of the Constitution, cannot declare another rule as unconstitutional without any challenge to the same and further without impleading the affected parties even in representative capacity. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2014 INSC 998 |
Petitioner | Kerala State Toddy Shop Contractors Association |
Respondent | T.n. Prathapan, Mla & Ors. |
SCR | [2014] 7 S.C.R. 589 |
Judgement Date | 2014-07-01 |
Case Number | 8895-8896 |
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