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march 1984

Supreme Court of India · 1984-03-15

CHINGLEPUT BOTTLERS vs MAJESTIC BOTTLING COMPANY

Citation / case number
SC 1983/65992
Court
Supreme Court of India
Petitioner
CHINGLEPUT BOTTLERS
Respondent
MAJESTIC BOTTLING COMPANY
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court held that under Article 226 of the Constitution, the High Court cannot compel the Commissioner to grant a license when the decision is discretionary and subject to the approval of the State Government as per Rule 7 of the Tamil Nadu Arrack (Manufacture) Rules, 1981. The Court emphasized that the application of natural justice principles applies to cases involving rights rather than mere privileges. The judgment of the Division Bench was upheld, affirming that the Commissioner had no legal duty to grant the license, and the writ of mandamus issued by the Single Judge was quashed.

CHINGLEPUT BOTTLERS vs MAJESTIC BOTTLING COMPANY · Niyam