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february 2019

Supreme Court of India · 2019-02-15

Gwalior Distilleries Pvt. Ltd. vs The State Of Madhya Pradesh

Citation / case number
AIRONLINE 2019 SC 651
Court
Supreme Court of India
Petitioner
Gwalior Distilleries Pvt. Ltd.
Respondent
The State Of Madhya Pradesh
Author
L. Nageswara Rao
Bench
L. Nageswara Rao, M.R. Shah

Judgment text excerpt

The Supreme Court held that the rejection of the Appellant's application for a CS-1 licence under the Madhya Pradesh Country Spirit Rules, 1995, was unconstitutional as it violated Articles 14 and 19(1)(g) of the Constitution of India. The Court established that the requirement of possessing a CS-1 licence to participate in the tender process was not supported by Section 18 of the Excise Act, 1915, nor the Rules, which do not mandate area allotment as a pre-condition for granting such a licence. The Court overturned the High Court's dismissal of the Writ Petition, allowing the Appellant to participate in the tender process despite lacking a CS-1 licence.

Gwalior Distilleries Pvt. Ltd. vs The State Of Madhya Pradesh · Niyam