Breaking Legal Update: Supreme Court Closes Chapter on Historic Bofors Payoff Case
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Supreme Court of India 2019-01-07 partly_allowed

Manish S. Pardasani (M/s Wine Kornder) etc.etc vs Inspector State Excise, P1, Division, Mumbai (Suburbs) & Ors. etc. etc

Bench: 2 — Abhay Manohar Sapre

In Brief

Retail liquor dealers challenged sealing orders and ex-parte stays passed by the Commissioner State Excise under the Maharashtra Prohibition Act, 1949, alleging bias and procedural violations. The High Court quashed both the sealing order and the interim order, but made adverse personal remarks about the Commissioner's conduct. The Supreme Court dismissed the dealers' appeals against the Commissioner, holding that ex-parte interim orders do not constitute bias and that allegations of bias require substantial material. It allowed the Commissioner's appeal, expunging the High Court's disparaging remarks as unnecessary and harmful. The Court also set aside the High Court's anticipatory direction imposing stay on future orders not yet passed, finding such preemption of appellate authority unconstitutional.

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Excise and Licensing Liquor Regulation Judicial Independence Natural Justice and Bias Appellate Powers Judicial Restraint Statutory Rules and Procedure Administrative Law Judicial Remarks and Strictures

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