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2021 (9) TMI 1011 - SC - Indian LawsCancellation of Country Liquor license - recovery of certain amount towards the balance - applicability of the amended Rule 13 to pre-existing contracts - the main contention before this court is that amounts collected as departmental management fee were not adjustable - HELD THAT:- The obvious basis of the principle against retrospectivity is the principle of 'fairness’, which must be the basis of every legal rule. Thus, legislations which modified accrued rights or which impose obligations or impose new duties or attach a new disability have to be treated as prospective unless the legislative intent is clearly to give the enactment a retrospective effect; unless the legislation is for purpose of supplying an obvious omission in a former legislation or to explain a former legislation. The findings and conclusions previously recorded would have been dispositive of the issues arising in this appeal. However, this court is mindful of the fact that the respondent had succeeded before the High Court and was thus entitled to claim adjustment of the departmental management fees, for the period after its contract was terminated. The respondent was also entitled to claim relief under the Amnesty Scheme, which was denied to it despite having succeeded before the High Court - Since the respondent had approached this Court complaining that the State had sought to auction his properties, a status quo order was made, binding the parties not to take fresh steps. In view of the findings recorded, the State has to ensure that the property of the respondent is released from attachment and due possession is handed back to the latter within the same period of two months. The following directions are given: (a) Upon payment of 50% of the amount, i.e. 50% of ₹40,51,288/- within two months from today, the respondent’s liabilities towards the arrears of dues for the liquor vend in issue which was cancelled by the appellant State’s order dated 30-09-1993 shall stand discharged; (b) The state is hereby directed to release the respondent’s property attached and sought to be sold, towards satisfaction of the above liability, upon receiving the said balance 50% of the amount within two months or latest within four weeks of receipt of the amount; (c) The respondent shall not be liable to pay any interest for the upheld payment or for any other reason whatsoever, on the principal amount, i.e. ₹ 40,51,288/-. The State shall refrain from initiating any proceedings for its recovery towards arrears for the said period the contract was to be in operation, i.e. 1993-94. The appeal is dismissed.
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