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GHAIO MALL & SONS v. THE STATE OF DELHI & OTHERS

Supreme Court of India | Diary 60122/1957

Status

Judgment

Decided On

1958-09-30

Bench

DAS SUDHI RANJAN (CJ),BHAGWATI NATWARLAL H.,SINHA BHUVNESHWAR P.,SUBBARAO K.,WANCHOO K.N.

Petitioner

GHAIO MALL & SONS

Respondent

THE STATE OF DELHI & OTHERS

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Full Judgment Text

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 11

PETITIONER: GHAIO MALL & SONS

Vs.

RESPONDENT: THE STATE OF DELHI & OTHERS

DATE OF JUDGMENT: 30/09/1958

BENCH: DAS, SUDHI RANJAN (CJ) BENCH: DAS, SUDHI RANJAN (CJ) BHAGWATI, NATWARLAL H. SINHA, BHUVNESHWAR P. SUBBARAO, K. WANCHOO, K.N.

CITATION: 1959 AIR 65 1959 SCR 1424 CITATOR INFO : RF 1961 SC1762 (25) R 1964 SC1823 (4,32) RF 1967 SC1145 (16)

ACT: Certiorari, Writ of-Rule issued on application-Duty of inferior Courts and Tribunals-If must produce entire records.

HEADNOTE: The appellant firm, an unsuccessful applicant for a license for vending foreign liquor in New Delhi for the year 954- 1955, moved the High Court under art. 226 of the Constitution for a writ of certiorari quashing the order granting the license to a rival applicant and impleaded the Chief Minister, the Excise Commissioner, the Secretary and the Under Secretary, Finance, of the State of Delhi, as it then was, as parties to the application. Its case in substance was that the applications made for the grant of the licence were never placed before the Chief Commissioner who alone was the competent authority to grant it under Ch. 5, r. i of the Delhi Liquor License Rules, 1935, framed under S. 59 Of the Punjab Excise Act (Punj. 1 of 1914), as extended to Delhi, and no order granting the license was ever made by him. The said oppos...

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