Supreme Court of India

State of Kerala and Ors. v. Maharashtra Distilleries Ltd. and Ors

Neutral citation
Reported as [2005] SUPP. 1 S.C.R. 91
Bench N. Santosh Hegde, S.N. V Aria Va, B.P. Singh, H.K. Sema and S.B. Sinha JJ.
Decided 6 May 2005

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.

7 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that ifthe privilege price is a part of the consideration payable by the Corporation to the manufacturers for supply of IMFL to the G Corporation it will certainly be a component of the sale price of the liquor sold by the manufacturers to the Beverages Corporation.

Judgment, page 50

From the headnote

Excise Laws: Kera/a Abkari Act-Section 17(a) to (g)-Kerala General Sales Tax Act, 1963-Sections 2(xxvii), 5(2C)-Foreign Liquor Rules, 1953-Rule 13(9)­ Kerala Abkari Shops (Disposal in Auction) Rules, 1974-Foreign Liquor (Storage in Bond) Rules, 1961-Kerala Distillery and Warehouse Rules, 1968: c Monopoly created by Government of Kera/a in wholesale trade of lMFL in favour of Government Company KSBC-Jn view of monopoly, distillers required to sell entire manufacture of lMFL to KSBC only-KSBC not required to pay excise duty to manufacturers of lMFL but pay it later when lMPD moved out of its

Sign in free to read it

  • The full judgment, page by page, as published in the Supreme Court Reports
  • The ratio: what the Court held, verbatim, with the page it sits on
  • Every bench that relied on it, and every bench that argued against it
  • Search every reported judgment, by party, citation or question
  • Download the PDF, copy pinpoint citations ready for a filing
Sign in to read - for free

An email address, no password.