Supreme Court · 2017 INSC 1267 · Decided 28 February 2017

State of M.P. & ANR. v. Kedia Great Galeon LTD. & ANR.

Court
Supreme Court of India
Citation
2017 INSC 1267 · [2017] 4 S.C.R. 163
Case number
CIVIL APPEAL No. 921/2008
Decided
28 February 2017
Bench
RANJAN GOGOI, ASHOK BHUSHAN (2-judge bench)
Outcome
Disposed off
Case type
Civil

Headnote

Madhya Pradesh Distillery Rules, 1995: Rule 4(41) - Notice to licensee under the Act - Demanding certain amount as excess expenditure on the establishment of officers and employees - Challenged by filing writ petition without challenging the vires of r. 4(41) - Single Judge of High Court quashed the same as arbitrary and unreasonable - Single Judge though opined that r. 4(41) seems to be ultra vires MP. Excise Act beyond the rule making powe1~ but in absence of any prayer in this regard,· did not give any order in that behalf- Writ appeal dismissed - On appeal, held: Vires. of the

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