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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
KISHORE C.SANT
Prabhakar Mohiniraj Wabale, (now deceased) – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. dispute arises about the ownership and renewal of the liquor license. (Para 4 , 5 , 12) |
| 2. determination of legal entitlement to license post-partnership dissolution affirmed. (Para 18 , 22 , 30) |
| 3. court emphasizes statutory adherence to license application rules. (Para 20 , 21) |
JUDGMENT :
KISHORE C. SANT, J.
1. Heard Mr. Longani, the learned Advocate for the petitioner, Mr. Patil, Mr. Deshmukh, the learned Senior Advocate appearing for Respondent No.5 and the learned AGP for the Respondent Nos. 1 to 4/State
2. Rule. Rule made returnable forthwith. With the consent of both sides, heard finally at the stage of the admission.
3. Civil Application No.437 of 2025 is filed seeking modification of order dated 23rd September 2024 by which this Court had vacated the interim relief that was granted in the petition. Civil Application No. 8987 of 2021 is filed by the petitioner for fixing early date of hearing of writ petition and for directing the learned District Magistrate to maintain status quo as per order dated 10th December 2021.
4. This Writ Petition arises out of judgment and order dated 30th July 2019 passed by the Hon’ble Minister, Excise and Drugs Department, Mantralay
The license granted to an individual cannot be claimed by a partnership after its dissolution; statutory compliance is necessary for partner recognition under licensing rules.
Renewal of a vendor's license depends on existing partnerships and resolution of prior disputes; when no inter se disputes exist, licenses should be transferred accordingly.
The main legal principle established is that a partnership is a contract and cannot be unilaterally continued after the death of a partner, despite any clauses in the partnership deed.
The requirement for a validly re-constituted partnership firm with the approval of the Excise commissioner to grant a license upon termination of the partnership due to death.
The main legal point established in the judgment is that the grant of license to legal heirs or re-constituted partnership firms upon the death of a licensee is governed by Section 8(3) of the Bengal....
Fair Price Shop License transfer prohibited via will while licensee alive or indirectly through partnership deed substituting/deleting names, violating policy; direct prohibition extends to oblique m....
The requirement for prior approval from municipal authorities for deleting a partner's name is directory, allowing for changes under compliance with overall policy.
The main legal point established in the judgment is that the reconstitution of a partnership firm and the grant of a distributorship license must comply with the provisions of the Partnership Act, 19....
Clause 4 of the Policy dealing with change of trade, stipulates that change of trade from licence to non licence trade is permissible subject to certain conditions i.e. obtaining NOC from certain dep....
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