Haryana Liquor License Rules: Fin.Commissioner Not Competent To Determine Number Of Licences In The State: SC[2:1], Joseph.J Dissents

Ashok Kini

12 Feb 2019 4:37 PM IST

  • Haryana Liquor License Rules: Fin.Commissioner Not Competent To Determine Number Of Licences In The State: SC[2:1], Joseph.J Dissents

    "The Financial Commissioner was therefore not competent to amend the Rules with regard to grant of number of licences for the entire state, and which power was exclusive to the State Government under Section 6 read with Section 13(a) and 58(2)(e) of the Act."

    The Supreme Court has struck down Rule 24(i-eeee) of the Haryana Liquor License Rules 1970, holding that the same is ultra vires the Punjab Excise Act, 1914. The majority (CJI Ranjan Gogoi and Justice Navin Sinha) observed that the Financial Commissioner was not competent to amend the Rules with regard to grant of number of licences for the entire state, and which power was exclusive...

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