Court : Supreme Court of India
Reported in : AIR2007SC819; 2007(1)ALLMR(SC)476; 2007(1)KLT151(SC); 2006(13)SCALE208; (2007)2SCC365; 2007AIRSCW531; 2007(3)KCCRSN105;
S.B. Sinha, J1. Delay condoned in S.L.Ps.2. Leave granted.3. Abkari Act (for short, 'the Act') was enacted by Maharaja of Cochin By Act No.10 of 1967, it was extended to the whole of Kerala. By reason of the provisions of the said Act, manufacture or sale of liquor, including country liquor is regulated. The regulatory statute, indisputably, is made in terms of Entry 8 of List II of the 7th Schedule of the Constitution of India. A licence is granted under the Act. The licensee is indisputably required to carry out the manufacture or sale of country liquor in terms of the provisions of the Act, rules framed thereunder as also the terms and conditions of the licence. 'Alcohol' has been defined in Rule 2(b) of the Kerela Rectified Spirit Rules, 1972 in the following terms:'Alcohol' means ethyl alcohol of any strength and purity having the chemical composition C2 H2 OH. 'Country Liquor' has been defined in Section 3(12) of the Act to mean 'toddy or arrack'. 'Toddy' has been defined in Sect...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(1)CTLJ1(SC); JT2007(1)SC125; 2006(13)SCALE102; (2007)2SCC640; 2007(2)KCCRSN91
S.B. Sinha, J.Introduction:1. Leave granted in all the special leave petitions.2. The validity and/or legality of a scheme framed by the Coal India Limited for sale of coal by Electronic Auction (E-Auction) is in question in these appeals and transferred applications. 3. 'Coal' indisputably plays an important role in the development of economy of the country. It had been the subject-matter of regulatory measures even under the Defence of India Rules. Production, distribution, supply and price of coal were controlled and regulated under the Colliery Control Order, 1945 (1945 Order) framed under the said Rules. The said Order was continued under the Essential Commodities Act, 1955. Under the Colliery Control Order, the Coal Controller was even authorised to allot quotas of coal to the Central Government as well as the State Governments; although the said procedure is now not in vogue in view of decontrolling notifications issued thereunder by the Central Government from time to time. The...
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