Supreme Court of India
Ropan Sahoo & Another v. Ananda Kumar Sharma & Others
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From the headnote
Orissa Excise Rules, 1965 - r.34(1) proviso - Grant of IMFL licence - By relaxing the rules - Challenged - High Court quashed the grant of licence on the ground that there was no order relaxing the rules - On appeal, plea that order granting licence was in consonance with proviso to r.34(1) - Held: It is evident from the Note-sheet in the file that every authority was aware of the restrictions on the distance from the preferred site and recommended for relaxation - Non- mentioning of rule does not tantamount to non-passing of an order - Thus the order of granting licence was in consonance
Authorities it was built on
- 1974 Shamsher Singh & Anr v. State of Punjab
- 2008 M/s. Sethi Auto Service Station and Anr. v. Delhi Development Authority and Ors.
- 1995 State of U.P. and Ors. Etc. Etc. v. Pradhan Sangh Kshetira Samiti and Ors. Etc. Etc.
- 2011 Narmada Bachao Andolan v. State of Madhya Pradesh
- 2001 State of West Bengal v. M.R. Mondal and Anr.
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