Staututory Obligations after SC ruling. What are my legal options ?

539 votes

the judgment of the supreme court has ordered for closure of the liquor shops and has not cancelled the license of the shop owner to sale the liquor. since the owner has a right to open the shop away from 500 m from NH. thus the statutory obligation to fee etc remains in order to maintain the licence.

Advocate Poonam Atey LawRato

703 votes

State cannot recover any dues taxes etc for some commercial activity which is not authorized in particular as per orders of honble supreme court. If state insists relying upon terms and conditions of the license one can directly move to supreme court in a writ petition as recovery of such dues will be illegal

Advocate Dr.Nirmal Chopra LawRato

996 votes

Without looking at the terms of the licence, I think you are not liable because a ban on carrying out business is an instance of force majeure i.e. any act which is beyond your control and incapacitates you from discharging your obligations in law, would not render you liable in any manner. The Supreme Court judgment was beyond your control and in fact an exercise of an extraordinary and exceptional power under Article 142 and that could not have been anticipated by you or prevented by you. The law in such cases protects people like you from any liability.

In case of any other doubt/clarification please feel free to contact me.

Advocate Asif Ahmed LawRato

887 votes

Firstly the enforcement of the judgement was from 1.4.17. Therefore any licence fee from 1.4.16-31.3.17 was to be paid as per the respective state Govt liquor licence policy agreement. Secondly, all those liabilities which you were paying during the course of your business will remain as it is. If the business is directly effected due to ban of liquor such as rent on a bar etc then that in
Any case has to be negotiated because you don't have a option

Advocate Shekhar Raj Sharma LawRato