SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2009 Supreme(SC) 446

CYRIAC JOSEPH, S.B.SINHA
V. K. Ashokan – Appellant
Versus
Asstt. Excise Commnr. – Respondent


Advocates appeared:
For the Appellants :R.F. Nariman, Harish N. Salve, Mathai M. Paikadey, Sr. Advs., E.M.S. Anam, Fazlin Anam, N.K. Unnikrishnan, Roy abraham, Ms. Seema Jain, Vimlesh Kumar, Himinder Lal, Advocates.
For the Respondent:T.L.V. Iyer, Sr. Adv., G. Prakash, Advocate.

JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. Interpretation of the provisions of the Kerala Abkari Act (for short, “the Act”) and the Rules framed thereunder known as the Kerala Abkari Shops (Disposal in Auction) Rules, 1974 (for short, “the Rules”) is the question involved in these appeals. They arise out of a common judgment and order dated 17.10.2005 passed by a Division Bench of the High Court of Judicature at Kerala at Ernakulam in O.P. No. 5742 of 1998 (H), W.A. No. 1822 of 1998 (C), O.P. No. 5910 of 1998 (C), O. P. No. 5783 of 1999 (L), O.P. No.10276 of 1998 (W), and W.A. No.1790 of 1998(C).

3. The questions involved herein broadly arise in the following factual matrix in the cases. We would, however, notice the fact involved in the individual cases also.

4. Appellants herein carry on business in toddy. For the purpose of grant of privilege in terms of the provisions of the said Act and the Rules framed thereunder, the State frames policy-decision from time to time.

The position of the parties with reference to the name of the licenses and the other relevant dates would appear from the following:

Sl. S.L.P. No. Licencee of Date of Rule Details of Details of No. Shop No









































































































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top