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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
AJIT B.KADETHANKAR
Gulabsingh S/o. Gopichand Chavan – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
AJIT B. KADETHANKAR, J.
Rule. Rule made returnable forthwith. At the instance of the parties, heard them for final disposal of the Writ Petition.
2. Subject-matter :
“Quando aliquid prohibetur ex directo, prohibetur et per obliquum – What cannot be done directly, also cannot be permitted to be done indirectly”. The case in hand necessarily evoke this famous principle of Law to be observed.
2.1 A Fair Price Shop License (hereinafter ‘FPSL’ for brevity) held by the licensee – Respondent No. 5 was sought to be transferred in the name of the Petitioner on the basis of a will deed while the Respondent No.5 is still alive. Government policies prohibit transfer of FPSL on the basis of Will Deed. The Authorities rejected the proposal.
2.2 However, the Honorable then Minister for Food, Civil Supplies and Consumer Protection, Govt. of Maharashtra, ordered that if the Petitioner has entered into partnership with the Respondent No.5, Petitioner’s name could be incorporated in the FPSL with the Respondent No.5 as a partner, and later the name of Respondent No.5 can be deleted. Accordingly it was ordered so by the Honorable then Minister. Thus the subject-matter FPSL was transferred in Peti
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 license granted to an individual cannot be claimed by a partnership after its dissolution; statutory compliance is necessary for partner recognition under licensing rules.
The requirement for prior approval from municipal authorities for deleting a partner's name is directory, allowing for changes under compliance with overall policy.
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....
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....
Partnership agreements violating motor vehicle permit transfer rules are illegal and unenforceable.
Partners in a limited liability partnership can invoke execution provisions to protect their interests as joint decree-holders, governed by their partnership agreement.
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