Supreme Court of India
Har Shankar & Ors. Etc. Etc. v. The Dy. Excise & Taxation Commr. & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
11 Supreme Court benches have cited this judgment.
What the Court ordered
In the result, all the appeals stand dismissed but in view of the circumstance that observations in Krishna Kumar Narula's case may have led the appellants to embark upon this litigation, there will be no order as to costs.
Judgment, page 30
From the headnote
Constitution of India, 1950, Art. 226-Petition under reciprocal righrs and obligatiol!S arising out of contract, if could be enforced. Constitution of India, 1950, Art. 226 and P1111jab Excise Act, 1914 and Punjab Liquor Licence Rules, 1956-Appellants applying for and accepting licences to vend foreign. liquor Appella11ts, if co11ld question tlze validity of Rules while a11empti111? to exploit lice11ces, Constit11tio11 of India, 1950, Art. 19(1) (g)·-Business i11 i11toxicants-~·Cirize11, if has a fundamental right to trade i11 i11toxicants-State, if has power to prohi· bit absolutely el'ery
Authorities it was built on
- 1972 State of Orissa and Ors. v. Harinarayan Jaiswal and Ors.
- 1974 Nashirwar Etc. Etc. v. The State of Madhya Pradesh
- 1954 Cooverjee B. Bharucha v. The Excise Commissioner and the Chief Commissioner, Ajmer, and Others.
- 1965 Lekhraj Satramdas, Lalvani v. Deputy Custodian-cum-managing Officer & Ors.
- 1970 Surath Chandra Chakrabarty v. State of West Bengal
- 1954 Shank.ar Sitaram Sontakke and Another v. Balkrishna Sitarmi Sontakke And. Others
Where later benches applied it
- 2019 The State of Jharkhand & Ors. v. M/s Ajanta Bottlers & Blenders Pvt. Ltd.
- 2013 State of Bihar and Others v. Nirmal Kumar Gupta
- 2024 State of U.P. & Ors v. M/s Lalta Prasad Vaish and Sons
- 2024 Mineral Area Development Authority & Anr. v. M/s Steel Authority of India & Anr. Etc.
- 2024 Subodh Kumar Singh Rathour v. The Chief Executive Officer & Ors.
- 2022 M. P. Power Management Company Limited, Jabalpur v. M/s. Sky Power Southeast Solar India Private Limited & Others
- 2022 State of Up through Secretary (excise) & Ors. v. M/s Mcdowell and Company Limited
- 2019 Union of India v. Association of Unified Telecom Service Providers of India Etc.etc.
- 2017 Justice K S Puttaswamy (retd.), and Anr. v. Union of India and Ors.
- 2015 Bharti Airtel Ltd. v. Union of India
- 2013 Yazdani International P. Ltd. v. Auroglobal Comtrade P. Ltd. & Ors.
Of those, 2 followed · 9 referred to
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