Back
A. N. RAY, D. G. PALEKAR, I. D. DUA, M. H. BEG, S. M. SIKRI
Amar Chandra Chakraborty – Appellant
Versus
Collector Of Excise, Government Of Tripura – Respondent
Key Points: - The appellant challenged withdrawal order citing lack of public notice under proviso to Section 22(1) and questioned Section 43's scope. (!) - The court held that failure to give public notice under Section 22(1) is a valid ground contributing to withdrawal under Section 43, and that the withdrawal can be based on major policy decisions. (!) - It was determined that Section 43 permits withdrawal for causes other than those specified in Section 42, provided the 15-day notice and remittance are observed. (!) (!) (!) - The authority withdrawing a license may be the Collector within the framework of Section 43, and the order can be sustained if consistent with statutory provisions and public policy considerations. (!) (!) - The impugned order’s compliance with natural justice is evaluated in light of the statutory scheme, with emphasis on timely notice and opportunity to show cause. (!) (!) - Public notice requirement under Section 22(1) is essential to prevent favoritism and ensure accountability in granting exclusive privileges. (!) - The state’s policy decision to divide licenses and move to tender-cum-auction was a valid reason for withdrawal of the appellant’s five-year license. (!) - The judgment rejectsArt. 14 and Art. 19 challenges to Section 43, upholding the reasonableness of regulations on the liquor trade given its social impact. (!) (!) - The licensee is entitled to remittance of the 15-day fee if withdrawal occurs, and any prepaid or deposits are refundable after deduction of any due amounts. (!) (!) - The appeal is dismissed, and the impugned judgment is upheld regarding the validity of withdrawal and grounds therefor. (!) (!)
Judgment
DUA, J. :- This appeal is by special leave. The appellant assails the order of the Judicial Commissioner, Tripura dated June 25, 1971 dismissing his petition under Art. 226 of the Constitution challenging the order of the Collector of Excise, Tripura, dated July 5, 1970.
2. The appellant was granted licence for the period April 1, 1963 to March 31, 1966 for running a ware-house for supply of country liquor to excise vendors in the territory of Tripura. The Bengal Excise Act, 1909 (hereinafter called the Act) had been extended to that territory on August 1, 1962. The appelant s licence was subsequently extended for a further period of two years ending March 31, 1968. On November 6, 1967 the appellant applied to the Excise Collector praying that he should be permitted to continue the supply of country liquor for a period of five years commencing April 1, 1968. The Collector recommended the appellant s case to the Government on November 18, 1967 for extension of his licence for a further period of only two years. On December 22, 1967 the Collector of Excise, Tripura, Agartala, wrote to the appellant that he had been appointed by the Chief Commissioner "a contractor for the supp
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
