1990 (10) TMI 186

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., with Shri V. M. Parshwamy, Asstt. Govt. Pleader, for the Respondents. [Oral Judgment per: Pendse, J.]. - On April 5,1973, one Madan singh Manvan singh residing at Ambarnath was granted licence in Form II bearing Licence No. 19 for selling Indian made Foreign Liquor by trade name M/s. Ambar Wine Mart, at Lokmanya Tilak Road, Ambarnath, Thane. Madansingh expired on November 23,1974 leavin....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ges under the licence. The request was turned down by Collector of Thane and the licence granted to Tarabai was forfeited to Government. The Collector observed in the impugned order dated February 4,1982 that the petitioner is not a member of the family of deceased licensee, but was admitted as a partner only and, therefore, cannot claim the continuance of licensed privileges after the death of Ta....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rtner or partners in the licence:" The plain reading of this rule indicates that the Collector has been given power to accept the agreement of partnership entered into by the original licensee and entered the name of the partner in the licence. In accordance with this provision, the Collector accepted the petitioner as partner in licence on application of Tarabai in the year 1975. It is difficult ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....vant to the facts of the present case. The petitioner is neither claiming as heir, legal representative or assignee of the original licensee, but merely as surviving partner and the surviving partner is neither heir, legal representative or assignee. The Collector accepted the petitioner as partner of the licence in the year 1975 and it is impossible to appreciate how such a partner can be denied ....