Supreme Court · 2013 INSC 46 · Decided 22 January 2013
Ropan Sahoo & Another v. Ananda Kumar Sharma & Others
- Court
- Supreme Court of India
- Citation
- 2013 INSC 46 · [2013] 3 S.C.R. 1129
- Case number
- CIVIL APPEAL No. 615/2013
- Decided
- 22 January 2013
- Bench
- K.S. RADHAKRISHNAN, DIPAK MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 226
Headnote
A B 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 C was no order relaxing the rules - On appeal, plea that order granting licence was in consonance with proviso to r.34(1) 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- D mentioning of rule does not tantamount to non-passing of an order - Thus the order of granting licence was in consonance with proviso to
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