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Karnataka High Court Considers Challenge to Penalty Under Excise Rules for Short-lifting of Liquor by CL-9 Licensees. Court Decides in Light of Earlier Decision in Lakshmi Bar and Restaurant, Allowing Petitioners to Raise Further Grounds.

The judgment pertains to a batch of writ petitions filed by various CL-9 license holders, including bars and restaurants, challenging the imposition o...

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Supreme Court Reverses High Court in Contract Dispute Over Business Transfer vs. License Agreement. The Court held that the agreement was a transfer of existing business, not a license in premises under Bombay Rent Act, based on plain contractual language excluding extrinsic evidence.

The appeal arose from a dispute over an agreement dated 07.02.1963 between the appellant, who inherited a stationary business from her deceased husban...

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High Court of Karnataka Allows Writ Petition in Excise License Transfer Dispute — Partnership Dispute Requires Civil Court Adjudication. Karnataka Appellate Tribunal's Order Quashed as Excise Authorities Cannot Summarily Reject Transfer Application Without Adjudicating Partnership Dispute.

The petitioner and respondent were partners in the firm M/s. Marthanda Enterprises, constituted under a Partnership Deed dated 15.12.2010. The firm ru...

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Bombay High Court Dismisses Appeal by Occupier in Company Liquidation - Licence Created After Winding Up Petition is Void. Official Liquidator Entitled to Recover Possession from Trespasser Despite Deemed Tenancy Decree.

The appeal arises from an order of a Single Judge of the Bombay High Court in a company application filed by Respondent No.3 (original applicant) agai...

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Bombay High Court Allows Appeal in Lease vs. Licence Dispute — Agreement Dated 1st March 1977 Held to Create Licence, Not Lease. Court Interprets Clauses of Agreement to Determine Intention of Parties, Finding No Transfer of Interest in Property.

The dispute in this second appeal arises from a suit filed by the appellant, Prakash Ganesh Lotlikar, against the respondent, Joel Avelino Noronha, se...

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Bombay High Court Upholds Eviction Order in Leave and Licence Case Under Section 13-A(2) of Bombay Rent Act. Licensee Holding Over After Expiry of Licence Period Is Not a Tenant and Competent Authority Has Jurisdiction to Order Eviction.

The case involves a Civil Revision Application filed by Mrs. Poonam V. Matta (the petitioner) against an eviction order passed by the Competent Author...

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Supreme Court Allows Appeal Against Single L-1BF License for Imported Foreign Liquor in Haryana — Rule 24(i-eeee) Held Ultra Vires Punjab Excise Act, 1914. State Government's Exclusive Power Under Section 58(2)(e) to Regulate Licenses in Local Areas Cannot Be Delegated to Financial Commissioner.

The appellant, International Spirits and Wines Association of India, challenged Rule 24(i-eeee) of the Haryana Liquor License Rules, 1970, as amended ...

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Bombay High Court Quashes Cancellation of Stall Licence Under APMC Act — Violation of Natural Justice. Joint Director's Order Set Aside for Lack of Notice and Hearing Before Cancellation of Licence Under Section 52B of Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963.

The petitioner, Ravindra Arvind Bande, filed two writ petitions under Article 227 of the Constitution of India challenging a common order dated 14 Jan...

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Bombay High Court Upholds Tribunal's Finding that Crane Hirer is Not a 'Dealer' Under Lease Act. Transaction of Hiring Crane with Operator is a Works Contract, Not a Sale of Right to Use Goods.

The case involves a reference under the Maharashtra Sales Tax on Transfer of Right to Use Any Goods for Any Purpose Act, 1985 (Lease Act). The respond...