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1975 Supreme(P&H) 44

BAL RAJ TULI, BHOPINDER SINGH DHILLON, M.R.SHARMA
Bhagat Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

BAL RAJ TULI, J.

1. These four writ petitions (Nos. 2980, 3069, 3565 and 4004 of 1972) were admitted to a Division Bench and came up for hearing before P. C. Pandit and B. S. Dhillon, JJ. The learned Judges have referred the following questions of law for decision to a larger Bench by order dated February 8, 1973 :-

1. Whether the rules of natural justice require that before cancelling the liquor licence of an excise licensee under Section 36 (c) of the Punjab Excise Act, a notice for an oral hearing must necessarily be given to him?

2. Whether the rules of natural justice require that before the security of a licensee is forfeited, he must be given a notice for oral hearing against such forfeiture or whether the necessary result of the cancellation of the licence was automatic forfeiture of the security and no such notice was essential?

3. Whether Section 36 (c) read with Sections 40 and 80 of the Punjab Excise Act was ultra vires the Constitution of India, being violative of Articles 14 and 19 (1) (f) and (g) of the said Constitution?

This Bench has been constituted to decide these questions.

2 It is not necessary to give the facts of these cases in detail. Suffice it to





















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