Court : Kerala
1. The first petitioner is a partnership firm, which has established a three star hotel located within the limits of the Kollam Corporation. The second petitioner is stated to be an employee of the hotel. The hotel has been issued a FL-3 licence, which has been renewed from time to time and is valid upto 31/3/13. 2. In this writ petition, petitioners challenge the validity of Rule 28 of the Foreign Liquor Rules, which was substituted by notification dated 18th of April 2012. This rule read as under; "28 (1) FL-3 Hotels (Restaurants) functioning within a Panchayat or Municipality shall not be kept open before 8' O clock in the morning and after 11' o clock in the night. FL-3 Hotels (Restaurants) functioning within Corporation limits shall not be kept open before 9' O clock in the morning and after 12' O clock in the night. No FL-1 shop shall be kept open before 9' O clock in the morning and after 11' O clock in the night. (2) The Deputy Commissioner of Excise shall be competent to fix t...
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Antony Dominic, J. 1. The first petitioner is a partnership firm, which has established a three star hotel located within the limits of the Kollam Corporation. The second petitioner is stated to be an employee of the hotel. The hotel has been issued a FL-3 licence, which has been renewed from time to time and is valid upto 31/3/13. 2. In this writ petition, petitioners challenge the validity of Rule 28 of the Foreign Liquor Rules, which was substituted by notification dated 18th of April 2012. This rule read as under; "28 (1) FL-3 Hotels (Restaurants) functioning within a Panchayat or Municipality shall not be kept open before 8' O clock in the morning and after 11' O clock in the night. FL-3 Hotels (Restaurants) functioning within Corporation limits shall not be kept open before 9' O clock in the morning and after 12' O clock in the night. No FL-1 shop shall be kept open before 9' O clock in the morning and after 11' O clock in the night. (2) The Deputy Commissioner of Excise shall be...
Tag this Judgment!Court : Kerala
Reported in : [2002(92)FLR979]
M.R. Hariharan Nair, J. 1. Petitioner is a Police Constable. It was alleged that on 20.7.1989, while on sentryduty from 2 p.m. to 4 p.m., the petitioner hired an autorickshaw driven by one Shajiand reached Vattekkadu, from where he seized some spurious liquor possessed byone Subran and that Subran was released without registering any case. There was anenquiry ordered by the Superintendent of Police, Trichur. Based on the enquiry report,Ext. P2 order was passed imposing punishment of withdrawing two increments withcumulative effect. It is the legality and propriety of the said proceeding that is underchallenge in this Original Petition.2. The learned counsel for the petitioner submitted that the punishment imposedherein is really punishment of reduction to a lower rank and that as such the procedurefor imposing major penalties should have been followed. Yet another argument wasthat the enquiry was defective in so far as statements recorded from the witnessersduring preliminary enquiry w...
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Ashok Bhushan, C.J. 1. The petitioners have filed this writ appeal against judgment dated 13.8.2015 in W.P(C) No.23197 of 2015 by which judgment, the writ petition has been dismissed. 2. The brief facts of the case as emerged from the pleadings of the parties are: On 1.6.2007 petitioners 1 and 2 who are travelling in a bus from Bangalore to Mangalore were arrested by Upilangadi Police Station, Mangalore and an amount of Rs.39,22,679.50 was seized. The Assistant Director, Directorate of Enforcement (FEMA) initiated an investigation for contravention of provisions of the Foreign Exchange Management Act, 1999 (hereinafter referred to as, 1999 Act). For the purposes of investigation under 1999 Act, Assistant Director, the 4th respondent, made an application before the Additional Civil Judge (Junior Division) and Judicial First Class Magistrate Court, Puthur for a direction to the police to handover the seized property. The Additional Civil Judge passed an order allowing the application, bu...
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