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Naragam Kristaya Vs. Penumudi Bhadratta - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in25Ind.Cas.42
AppellantNaragam Kristaya
RespondentPenumudi Bhadratta
Excerpt:
madras abkari act (i of 1886), section 22 - toddy-vendor--license, assignment of, whether valid--presumption. - - 1. the privileges enjoyed by the plaintiff are limited by the terms of the license issued to him:1. the privileges enjoyed by the plaintiff are limited by the terms of the license issued to him: and it is admitted that one clause of this license prohibited the assignment of those privileges without the previous consent of the collector. we can find no basis for the contention that this condition is ultra vires, whether on the ground that it was not inserted under the orders of the governor-in-council or in exercise of powers delegated by the governor-in-council or for any other reason. under section 114, illustration (e), of the indian evidence act, it may be presumed that the license issued by this collector was validly issued: and this presumption has not been rebutted, 'we may also refer to the statutory provisions of section 22 of the madras abkari act of 1886 which specifically.....
Judgment:

1. The privileges enjoyed by the plaintiff are limited by the terms of the license issued to him: and it is admitted that one clause of this license prohibited the assignment of those privileges without the previous consent of the Collector. We can find no basis for the contention that this condition is ultra vires, whether on the ground that it was not inserted under the orders of the Governor-in-Council or in exercise of powers delegated by the Governor-in-Council or for any other reason. Under Section 114, illustration (e), of the Indian Evidence Act, it may be presumed that the license issued by this Collector was validly issued: and this presumption has not been rebutted, 'We may also refer to the statutory provisions of Section 22 of the Madras Abkari Act of 1886 which specifically forbid the exercise by an assignee of any rights without receipt of a license in his own name.

2. The second appeal is dismissed with posts.


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