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Jayanti Bhimappa Vs. Seshanna and ors. - Court Judgment

LegalCrystal Citation
Decided On
Reported in3Ind.Cas.951
AppellantJayanti Bhimappa
RespondentSeshanna and ors.
abkari license - licensee taking a partner in violation of abkari rules--fort st. george gazette notification no. 58, dated 4th february 1890 and 29th september 1896. - .....accordance with law.3. costs will abide the.....

1. The Judge holds that the contract on which the suit is brought is illegal as the taking of another person into partnership in a toddy contract is a violation, of Rule 27 of the license which directs that the licensee shall, not except with the collector's permission, sell or transfer his privilege. It has been held by this Court in S.A. No. 822 of 1904 that the condition in question is not legally imposed as the Notification No. 58, Fort Saint George Gazette dated the 4th February 1890 does not delegate any power to the Commissioner to impose such condition.

2. The subsequent Notification of the 29th September, 1896, does not effect the partnership deed in question executed on the 9th September. We accordingly hold that the partnership was not illegally entered into and direct the Judge to restore the appeal to his file and dispose of it in accordance with law.

3. Costs will abide the result.

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