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1 - 10 of 29 (0.70 seconds)The Narcotic Drugs And Psychotropic Substances Act, 1985
Article 14 in Constitution of India [Constitution]
P.T. Rajan vs T.P.M. Sahir And Ors on 26 September, 2003
The question as to whether it can be given effect to or not is, thus,
required to be judged on its own without reference to the circular issued by
the Commissioner of Excise. Cassus Omissus, it is well known, cannot be
supplied by the court. [See P.T. Rajan vs. T.P.M. Sahir and Others (2003)
8 SCC 498]
We have noticed hereinbefore that despite the fact that the order of
injunction was issued by the High Court while modifying the interim order
on 7.3.2005, the State was asked not to publish the selection list. The
contentions raised in the petitions for grant of special leave to appeal,
however, leave no manner of doubt that such selection list whether in
violation of the order of the High Court or otherwise had been published. If
the said rules are considered to be retrospective, admittedly, the affidavits
had not been filed on the next day of such selection and, thus, the rules are
not capable of being implemented.
K. N. Guruswamy vs The State Of Mysore And Others on 24 May, 1954
Furthermore, it is now beyond any cavil that economic policies of the
State although ordinarily would not be interfered with, but the same is not
beyond the pale of judicial review. [See Cellular Operators Association of
India and Others vs. Union of India & Others (2003) 3 SCC 186]
It is also not a case where no relief can be granted to the writ
petitioners, as was done in the case of K.N. Guruswamy (supra), having
regard to the fact situation obtaining therein.
Rajendra Singh vs The State Of Madhya Pradesh& Others on 8 August, 1996
In Rajendra Singh (supra), this Court held that the jurisdiction of the
High Court under Article 226 is not intended to facilitate avoidance of
obligations voluntarily incurred, though the licensees are not precluded from
seeking to enforce the statutory provisions governing the contract.
Balco Employees Union (Regd.) vs Union Of India & Ors on 10 December, 2001
In Balco Employees' Union (supra), this Court was concerned with
an economic policy of the State which is not the case herein.
Ramana Dayaram Shetty vs The International Airport Authority Of ... on 4 May, 1979
The Chhattisgarh Excise Act, 1915 and the rules framed thereunder
are regulatory in nature. They are being so enacted so as to ensure public
health as trade in liquor is considered to be obnoxious one. The State has a
duty to see that its people do not consume spurious or adulterated liquor.
The Act and the rules no doubt contain provisions for cancellation and/or
suspension of the licence in the event the conditions laid down therein are
violated, but it is beyond any cavil that before a licence is granted, the
applicant must satisfy all the statutory conditions and meet the eligibility
requirements. [See Ramana Dayaram Shetty (supra) and R. Prabha Devi
(supra). Rule 8(e) provided for a requirement to furnish a bank draft from a
nationalized bank as earnest money. Rule 9 of the Rules preserves all other
eligibility requirements. The Circular dated 15.3.2003 dispensed with the
requirements as contained in Rule 8(e) of the Rules. The number of outlets
were increased by 92 from 812 to 904. The High Court has noticed that
none of the eligibility requirements except those as contained in Rule 9(c) of
the Rules had been observed by the Committee. The State has earned Rs. 77
crores from 2.65 lakhs applicants whose eligibilities were not verified.
Guruvayur Devaswom Managing Commit. & ... vs C.K. Rajan & Others on 14 August, 2003
It may not be necessary for us to consider as to whether the public
interest litigation should have been entertained by the High Court or not. The
High Court did entertain the public interest litigation without any objection
and ultimately allowed the same. Furthermore it is well settled that even in a
case where a petitioner might have moved the court in his private interest
and for redressal of personal grievances, the court in furtherance of the
public interest may treat it necessary to enquire into the state of affairs of the
subject of litigation in the interest of justice. [See Guruyayoor Devaswom
Managing Committee and Anr. Vs. C.K. Rajan and Others [(2003) 7 SCC
546 para 50] and Prahlad Singh vs. Col. Sukhdev Singh (1987) 1 SCC
727]
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Prahlad Singh vs Col. Sukhdev Singh on 24 February, 1987
It may not be necessary for us to consider as to whether the public
interest litigation should have been entertained by the High Court or not. The
High Court did entertain the public interest litigation without any objection
and ultimately allowed the same. Furthermore it is well settled that even in a
case where a petitioner might have moved the court in his private interest
and for redressal of personal grievances, the court in furtherance of the
public interest may treat it necessary to enquire into the state of affairs of the
subject of litigation in the interest of justice. [See Guruyayoor Devaswom
Managing Committee and Anr. Vs. C.K. Rajan and Others [(2003) 7 SCC
546 para 50] and Prahlad Singh vs. Col. Sukhdev Singh (1987) 1 SCC
727]
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