AI Overview...
- Monthly Licence Fee Payment - Licensees are generally required to pay the licence fee in monthly installments as per applicable rules. Failure to deposit these installments can lead to cancellation of the licence, forfeiture of security, and legal consequences. Several cases highlight that non-payment or delayed payment of monthly installments results in license cancellation or forfeiture, and licensees may lose their rights to operate. For instance, in case Pratipal Singh VS State of M. P. - Madhya Pradesh, the appellant's failure to deposit monthly instalments led to licence cancellation. Similarly, Ajay Pratap Singh VS State of U. P. Thru Secy. Exice Civil Sectt. Lucnow - Allahabad discusses forfeiture of security and licence due to non-payment. JAFAR ALI VS STATE OF U. P. - Allahabad emphasizes that shortfalls in one month do not necessarily imply ongoing liability if proper credits are applied. Nirmal Kumar Gupta, S/o Late Nand Lall Prasad VS State Of Bihar - Patna clarifies that licensees cannot be held liable for periods prior to licence issuance when payments are made from earlier dates. Ramesh Chandra Rai VS State Of U. P. - Allahabad notes that failure to deposit monthly installments can result in cancellation under Rules 18 and 14. Indira Devi, Kamla Kant Yadav VS State of U. P. - Allahabad and INDIRA DEVI VS STATE OF U. P. - Allahabad discuss the legal obligation to pay the licence fee even after licence cancellation, unless explicitly exempted by law or rules, such as Rule 14.
- Legal Framework and Rules - The rules governing licence fee payments include Rule 14, which contemplates payment of fees for the entire period the licence would have been valid, and Rule 18, which addresses cancellation due to non-payment. The law permits the authorities to cancel licences and forfeit security if licensees default on monthly payments or violate conditions. Enhanced licence fees during the licence period are also enforceable, as per Deluxe Bar VS Excise Superintendent - Andhra Pradesh, highlighting that licensees are bound to pay increased fees during the licence term.
- Implications of Non-Payment - Non-payment or delayed payment of monthly instalments results in legal penalties, including licence cancellation, forfeiture of security, and potential legal action. Licensees are expected to adhere to the stipulated payment schedule, and failure to do so can jeopardize their right to operate. The authorities are empowered to recover dues and enforce penalties as per the applicable Excise Act and Rules.
Analysis and Conclusion:
Licensees are mandated to pay monthly licence fees regularly, and failure to do so can lead to cancellation, forfeiture, and legal consequences. The legal provisions, including Rules 14, 18, and relevant sections of the Excise Act, support the authority's power to enforce timely payments and penalize defaults. Licensees must comply with these obligations to maintain their licences, and any disputes over liability after cancellation depend on specific rule provisions and circumstances.
Search Results for "Monthly Instalment of Licence Fee"
2002 0 Supreme(MP) 264 • India - Madhya Pradesh
S.S.JHA, R.B.DIXIT
Appellant could not run the shop successfully and was not in a position to deposit the monthly instalment of licence-fee every month ... Excise Act, fee payable for the balance of the period for which such licence would have been current, but for such cancellation, ... Appellant was declared defaulter and his licence was cancelled. The shop was then re-auctioned on 28.11.1987. ... Appellant could not run the shop successfully and was not in a position to deposit the #....
2005 0 Supreme(All) 810 • India - Allahabad
RAJES KUMAR
The petitioner argued that they should not be liable for the licence fee after the cancellation of the licence. ... fee for the period after the cancellation of the licence, as the contract came to an end with the cancellation of the licence. ... Issues: The main issue was whether the petitioner was liable for the licence fee for the period after the cancellation of ... Rule 14 contemplates payment of monthly instalment#H....
2012 0 Supreme(All) 1463 • India - Allahabad
ASHOK BHUSHAN, PRAKASH KRISHNA
minimum monthly quota by the licencees—Recovery of amount from the security deposit for revenue loss due to non-lifting of minimum ... of both—Since no notice issued by the authority in the relevant month and licensee entitled to the benefit of credit balance of licence ... fee of the earlier months short fall in one particular months, not determinative of the liability, because short fall in one particular ... Payment of monthly instalment of licence fee and conseque....
2013 0 Supreme(All) 2107 • India - Allahabad
ARUN TANDON
installment of license fee, his license shall be cancelled—Whether petitioners are still liable to pay the balance amount of license ... else but the consideration for parting with the privilege for a right to trade in country liquor—Licensee if fails to deposit the monthly ... Excise (Settlement of License for Retail Sale of Country Liquor) Rules, 2002—Rules 2(m), 12 and 14—Licence—Country liquor—Licence ... —(a) The licensee shall....
2012 0 Supreme(All) 2036 • India - Allahabad
DEVI PRASAD SINGH, VISHNU CHANDRA GUPTA
at the time of grant of licence—There is nothing like monthly MGQ—State cannot compel the licencees to sell more liquor than for ... what the licence is granted—Not justifiable for the State to enhance that sale of liquor by increasing M.G.Q. ... authorities—However, impugned circular dated 9.3.2009, does not contain any provision with regard to lifting annual quota earmarked for licence ... Payment of monthly instalment of licence fee and consequenc....
1992 0 Supreme(AP) 135 • India - Andhra Pradesh
M.N.RAO, P.VENKATRAMA REDDY
- Enhanced licence fee as introduced by G.O. ... of Art. 14 of Constitution of India -Enhancement of licence fee effected during currency of licence granted for 5 years - Not illegal ... The licensee binds himself to pay the enhanced licence fee from time to time. ... It is therefore submitted that the Excise authorities cannot demand the 5th or 6th bi-monthly instalment falling due on 21 st May and 21 st July by adding to the exisi....
2022 0 Supreme(All) 587 • India - Allahabad
PANKAJ BHATIA
whereby 06 country liquor and 02 Indian Made Foreign Liquor (IMFL) licenses of petitioner were cancelled and security as well as licence ... fee was forfeited in exercise of powers under Section 34 of United Provinces Excise Act, 1910 as well as appellate order whereby ... (f) if the licensee fails to deposit monthly instalment of licence fee or replenish the deficit in security amount within prescribed period; (g) if the licensee is convicted of an offence punishable under the Act or....
2008 0 Supreme(Pat) 1638 • India - Patna
R.M.LODHA, KISHORE K.MANDAL
paying licence fee from a date prior to the date of issuance of licence, particularly in a case where the excise shops are settled ... to demand of licence fee for the period from 5th June, 2006 to 5th July. 2006-A licensee cannot be fastened with the liability of ... is true that proviso appended to Rule 24 provides that if any shop or a group of shops is settled in the midst of the year, the licence ... ... (3) Where any licensee fails to deposit the full monthly #....
2022 0 Supreme(All) 1257 • India - Allahabad
PANKAJ BHATIA
2001 – Rule 18 – Illegal confiscation – Suspension or cancellation – Liquor is found in licensed premises – Cancellation of the license ... allegedly seized from residential premises of petitioners was in their conscious possession, in terms of Rules, cancellation of license ... could have directed sale of liquor seized from licensed premises and legally under custody of petitioners by virtue of they being license ... (f) if the licensee fails to deposit monthly instalment of licence ....
1971 0 Supreme(P&H) 216 • India - Punjab and Haryana
R.S.NARULA, H.R.SODHI, BAL RAJ TULI
The license was again canceled in November 1969 for non-payment of the September fee. ... The cancellation was revoked after the installment was paid. ... Fact of the Case: The petitioner, the highest bidder for a country liquor vend, failed to deposit the license fee for ... adjusted against the instalment of the licence fee due from him. ... (ii) he shall pay the whole amount of licence fee in 12 equal #HL_STAR....
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