Supreme Court · 2013 INSC 20 · Decided 8 January 2013
State of Bihar and Others v. Nirmal Kumar Gupta
- Court
- Supreme Court of India
- Citation
- 2013 INSC 20 · [2013] 1 S.C.R. 916
- Case number
- CIVIL APPEAL No. 128/2013
- Decided
- 8 January 2013
- Bench
- K.S. RADHAKRISHNAN, DIPAK MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 14
Headnote
Bihar Excise (Settlement of Licences for Retail Sale of Country/Spiced Country Liquor) Rules, 2004 - rr. 19, 20 and C 24 - Settlement of excise shops in favour of auction­ purchaser - Default in payment of advance security - Despite the default, licence issued - In view of the default, demand date of settlement till the date of issuance of licence - High Court held that default would D be deemed to be condoned as the licence was issued despite the default - Held: The purchaser failed to comply with r. 19 - The default cannot be deemed to be condoned in view of the nature of trade in
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