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september 2003

Supreme Court of India · 2003-09-11

State Of Maharashtra And Ors. vs Basantilal And Anr.

Citation / case number
AIR 2003 SUPREME COURT 4688
Court
Supreme Court of India
Petitioner
State Of Maharashtra And Ors.
Respondent
Basantilal And Anr.
Bench
N. Santosh Hegde, B.P. Singh

Judgment text excerpt

The Supreme Court held that an order made by the Minister for State (Excise) under Section 34 of the Bombay Prohibition Act, 1949 does not require authentication under Article 166 of the Constitution of India, as it is a quasi-judicial order and not an executive order. The Court found that the High Court erred in its interpretation, relying on previous judgments that were not applicable to the current case. The impugned order was set aside, and the matter was remanded to the High Court for fresh disposal, maintaining the status quo until then.

State Of Maharashtra And Ors. vs Basantilal And Anr. · Niyam