Supreme Court Digest of Recent Cases
(2006) 6 SCC 70

Intoxicants

Liquor

— Liquor vend — Grant of licence for — Conditions — Rule [R. 45(1-C), Bombay Foreign Liquor Rules, 1953 in this case] providing that ``no licence ... shall be granted in respect of any hotel or restaurant ... situated within a distance of seventy-five metres from any ... religious institution'' — Nature of the provision and mode of determination of the distance — Held, mandatory — Further held, the distance should be measured from the nearest entrance and not from the most used entrance — Restaurant situated beyond the prohibitory distance from the most used entrance of mosque but within such distance from the other doors one of which was sometimes closed and another was only occasionally used as an exit, held, nonetheless within the prohibitory distance, (2006) 6 SCC 70-A

Intoxicants

Liquor

— Liquor vend — Grant of licence — Revision — Government's power of suo motu revision under S. 148, Bombay Prohibition Act, 1949 — Exercise of, at the instance of police authorities, held, not beyond jurisdiction, (2006) 6 SCC 70-B

Intoxicants

Liquor

— Liquor vend — Grant of licence for — Rule prohibiting grant of licence to restaurants within the prescribed distance from any religious institution — Plea for grant of licence disregarding the said prohibition on the ground that in some other such cases licence had been granted, impliedly rejected — Case-law cited to the effect that a party could not claim that since something wrong had been done in another case, direction should be given for doing another wrong, (2006) 6 SCC 70-C



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