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1984 Supreme(SC) 326

A.P.SEN, E.S.VENKATARAMIAH, O.CHHINNAPPA REDDY
Sama Rias Trading Company Private LTD. – Appellant
Versus
S. Samuel – Respondent


Advocates:
BINA GUPTA, D.N.SINHA, K.G.Bhagat, K.PARASARAN ATTORNEY, M.KARANJAVALA, M.N.KRISHNA MANI, P.J.GEORGE, R.KARANJAWALA, R.N.Poddar, S.VAIDYALINGAM, VASANTA PAL

Judgment

O. CHINNAPPA REDDY, J. :- "Curiouser and curiouser", Alice would have certainly exclaimed with us had the mischievous state of affairs of the present case come to her notice. We confess that the state of affair is but the inevitable consequence of a most curious procedure said to be followed over the years by the Calcutta High Court, a practice which we are happy to say, no other High Court in the country follows, a practice which do put in the mildest terms is unhealthy and likely to lead to harm and abuse and A practice which we now propose to forbid in the exercise of our powers under Art. 141 of the Constitution. The practice, the consequences and our precept will reveal themselves as we proceed to state the facts. We may mention at the outset that in response to our invitation the learned Attorney General very. graciously addressed us and indeed made forceful submissions. We are grateful to him to his valuable assistance.

2. An auction of the right to sell liquor at Rangat, Andaman Islands was held on 15-2-1984 by the Deputy Commissioner, Port Blair. One H. K. Hariwat was the highest bidder. M/s Samarias Trading Co. Pvt. Ltd. having an office at Port Blair, the petition
































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