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1996 (8) TMI 472 - SUPREME COURT
Whether any interference is called for by the Court whether under Article 226 or in a suit?
Whether the opportunity given was reasonable or not?
Held that:- Appeal dismissed. There is no fundamental right to trade in liquor. The only right of the licencee is to seek to enforce the terms of contract (which is statutory in nature) and the statutory provisions governing the contract. The considerations aforementioned should be kept in mind while examining complaints of violation of statutory Rules, conditions add terms of contract as well as complaints of jack of reasonable opportunity.
Thus as urged the before forfeiting the advance amount or the security deposit, a fresh opportunity of hearing ought to have been provided. From a perusal of the judgment under appeal, however, we do not find that any such contention was urged before it. For this reason, we decline to entertain this plea, which may involve investigation of factual aspects.