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Bombay High Court Dismisses Challenge to Section 479(2) of MMC Act, 1888 — License Fee Fixation by Commissioner Upheld. The court held that the power to fix fees is not unguided and does not violate Articles 14 or 19(1)(g) of the Constitution.

The petitioners, Rushabh Outdoors (a partnership firm) and Vandana Borse (proprietress of M/s. Synnovation), challenged the constitutional validity of...

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Supreme Court Upholds Licensee in Excise License Cancellation Case Due to Inapplicability of Amended Rules. Liability Limited to Actual Loss with Credit for Departmental Management Fees Under Old Rule 13 of Abkari Shops Departmental Management Rules, 1972, as Contract Predated Amendment.

The dispute arose from the cancellation of a country liquor license by the State of Kerala. The respondent licensee had successfully bid for arrack sh...

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Karnataka High Court Grants Anticipatory Bail to Accused in Excise Case — Petitioner Not Required for Custodial Investigation. Offences under Karnataka Excise Act, 1965 are not punishable with death or life imprisonment, and no criminal antecedents reported.

The petitioner, Nagaraja, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory bail in t...

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Bombay High Court Allows Appeals Against Rejection of Plaint in Copyright and Trade Mark Infringement Suit - Cooperative Sugar Factory's Suit for Infringement of Label Design and Trade Mark 'Bhingari Santra' Held Not Barred by Limitation or Res Judicata.

The appellant, a cooperative sugar factory, filed two suits in the District Court seeking relief for infringement of its copyright and trade mark in t...

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High Court of Karnataka Acquits Accused in Excise Act Case Due to Non-Compliance with Mandatory Sampling Rules. Conviction for illegal possession of liquor set aside as prosecution failed to produce sample bottles as required under Rule 21 of Karnataka Excise Rules, 1967.

The petitioner, Shrinivas, was convicted by the Trial Court (JMFC, Gundlupet) under Section 32 of the Karnataka Excise Act, 1965 for being in illegal ...

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Bombay High Court Allows Collector to Consider Suspension on Remand in Excise Licence Case — Remand Not Restricted to Fine Only. The Court held that the Collector could consider suspension of licence and subsequent facts on remand from the Minister under the Maharashtra Excise Act, 1915.

The petitioner, a CL-III licence holder, was issued a show cause notice for selling a 180 ml country liquor bottle worth Rs.17.80 at Rs.18, an overcha...