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august 2015

Supreme Court of India · 2015-08-21

Sri Malaprabha Co-Op Sugar Factory Ltd vs State Of Karnataka & Ors

Citation / case number
AIRONLINE 2015 SC 290
Court
Supreme Court of India
Petitioner
Sri Malaprabha Co-Op Sugar Factory Ltd
Respondent
State Of Karnataka & Ors
Author
Vikramajit Sen
Bench
Shiva Kirti Singh, Vikramajit Sen

Judgment text excerpt

The Supreme Court upheld the Karnataka High Court's decision regarding the pricing of rectified spirit under Rule 17 of the Karnataka Excise (Manufacture and Bottling of Arrack) Rules, 1987, declaring it unconstitutional and ultra vires. The Court emphasized that the State's power to fix prices must adhere to legislative delegation limits, which Rule 17 violated. The appeal was dismissed, affirming that the appellant, a captive distillery, had no grounds to challenge the pricing mechanism as it had accepted the terms without dispute.

Sri Malaprabha Co-Op Sugar Factory Ltd vs State Of Karnataka & Ors · Niyam