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Bombay High Court Allows Petition in Excise License Renewal Case — State Cannot Deny Renewal Without Proper Notice and Hearing. Renewal of FL-3 license under Maharashtra Foreign Liquor Rules cannot be refused on grounds of pending criminal proceedings without affording opportunity of hearing.

The petitioner, John Distilleries Private Limited (formerly John Distilleries Ltd.), a company incorporated under the Companies Act, 1956, with its ma...

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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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High Court of Karnataka Directs Excise Authorities to Consider Representation for License Transfer Under Rule 5-A(3) of Karnataka Excise Rules. Petitioner sought transfer of CL-2 license as son of deceased licensee; court issued mandamus for consideration of pending representations.

The petitioner, Vijayakumar Deshmukh, claiming to be the son of late Mallikarjun Reddy Deshmukh, filed a writ petition under Articles 226 and 227 of t...

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Karnataka High Court Upholds Excise License Renewal for Bars and Restaurants Despite Minor Irregularities in Application Process. License Renewal Cannot Be Denied for Technical Defects When Licensee Has Substantially Complied with Conditions and Paid Fees.

The case involves multiple writ appeals filed by the State of Karnataka and its excise authorities against orders of a learned Single Judge directing ...

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Bombay High Court Dismisses Appeal Against Cancellation of FL-III Liquor License for Breach of Rules. Licensee failed to appear at hearing despite show cause notice, leading to confirmation of cancellation by Single Judge and Division Bench.

The appellant, Ramkishor S/o Nathulal Jaiswal, was the proprietor of M/s. J. B. Restaurant holding an FL-III license under the Bombay Foreign Liquor R...

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Bombay High Court Allows Petition Challenging Interest Demand on CLIII License Renewal Fee. Excise Department Cannot Levy Interest Without Specific Statutory Provision Under Maharashtra Excise Act, 2002 or Bombay Foreign Liquor Rules, 1953.

The petitioners, Maheshprasad Dwarkadas Jaiswal and Rajeshwar Dwarkadas Jaiswal, are CLIII license holders for a liquor shop at Shahabazar, Aurangabad...

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Bombay High Court Allows Licensee's Challenge to Arrears Demand and License Lapse in Bombay Prohibition Act Case. Demand for License Fee Arrears for Period Prior to License Grant Held Unenforceable and License Cannot Lapse Without Notice.

The petitioner, Suresh Krishnaji Lakudkar, held a CLIII license under the Bombay Prohibition Act, 1949, for the sale of foreign liquor. In Writ Petiti...