Right To Alcoholic Drink Not A Fundamental Right: Kerala HC [Read Judgment]
8 years, 2 months ago

Right To Alcoholic Drink Not A Fundamental Right: Kerala HC [Read Judgment]

Live Law  

Right to privacy—if right to take intoxicating drinks were one— always subject to reasonable restrictions, the bench held.The Kerala High Court has dismissed a challenge against the government’s liquor policy, observing that the laws prohibiting alcoholic drinks will not fall foul of the fundamental rights guaranteed to a citizen.Anoop MS had challenged the policy on the ground that. Right to privacy—if right to take intoxicating drinks were one— always subject to reasonable restrictions, the bench held. The Kerala High Court has dismissed a challenge against the government’s liquor policy, observing that the laws prohibiting alcoholic drinks will not fall foul of the fundamental rights guaranteed to a citizen. As with all other rights, right to privacy—if right to take intoxicating drinks were one— always subject to reasonable restrictions, the court said.

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History of this topic

There Would Be Reduced Instances Of Violence If Access To Liquor Is Prohibited Around Areas Of Religious Festivals: Kerala High Court
2 years ago

There Would Be Reduced Instances Of Violence If Access To Liquor Is Prohibited Around Areas Of Religious Festivals: Kerala High Court

Live Law  

The Kerala High Court on Thursday observed that when the sale of liquor is prohibited for a few days with the object of maintaining peace, preserving public order and for public good, commercial interests takes a back seat, even if it means experiencing a disruption in sales.A division bench comprising Justice K Vinod Chandran and Justice C. Jayachandran was hearing …

Consuming Liquor In Private Place Without Causing Nuisance Not An Offence : Kerala High Court
3 years, 4 months ago

Consuming Liquor In Private Place Without Causing Nuisance Not An Offence : Kerala High Court

Live Law  

The Kerala High Court recently ruled that consuming alcohol in a private place does not constitute an offence as long as they do not cause any nuisance in the public. While quashing the ongoing proceedings against the petitioner, Justice Sophy Thomas remarked: "Consuming liquor in a private place without causing nuisance or annoyance to anybody will not attract any offence. …

Liquor Prohibition Yet To Be Tested In Context Of Personal Food Preferences Within Right To Privacy: Gujarat High Court
3 years, 7 months ago

Liquor Prohibition Yet To Be Tested In Context Of Personal Food Preferences Within Right To Privacy: Gujarat High Court

Live Law  

The Gujarat High Court has observed that the law prohibiting the use and consumption of intoxicating liquor has never been put to judicial scrutiny before in context of "personal food preferences weaved within the right to privacy".Observing thus, it held as maintainable a batch of writ petitions challenging the prohibition on manufacture, sale and consumption of liquor in the state …

Is There A Fundamental Right To Drink Liquor? What Courts Have Held?
3 years, 8 months ago

Is There A Fundamental Right To Drink Liquor? What Courts Have Held?

Live Law  

The Gujarat High Court recently reserved its order on the maintainability of a petition against the decades old liquor prohibition in the state. The Court held that restrictions imposed by Sections 12 and 13 of the Act, on the possession, sale, use and consumption of liquor, are not reasonable restrictions on the fundamental right to acquire, hold and dispose of …

Does Right To Privacy Include Right To Drink Alcohol? Gujarat High Court To Decide
3 years, 9 months ago

Does Right To Privacy Include Right To Drink Alcohol? Gujarat High Court To Decide

Live Law  

The Gujarat High Court on Wednesday reserved order on the maintainability of a batch of petitions challenging the prohibition on manufacture, sale and consumption of liquor in the state vide the Gujarat Prohibition Act, 1949, on grounds of 'manifest arbitrariness' and violation of 'right to privacy'. "A new ground of challenge even on the basis of approach made in later …

'Right To Consume Alcohol Within One's Home Can't Be Controlled' :Gujarat High Court Case Against Liquor Prohibition
3 years, 9 months ago

'Right To Consume Alcohol Within One's Home Can't Be Controlled' :Gujarat High Court Case Against Liquor Prohibition

Live Law  

The Gujarat High Court is hearing a batch of PILs challenging prohibition on manufacture, sale and consumption of liquor in the state vide the Gujarat Prohibition Act, 1949, on grounds of 'manifest arbitrariness' and violation of 'right to privacy'. Responding to the preliminary objections raised by State, Senior Advocate Mihir Thakore today argued that the challenge to the legislation before …

Publication Of Court Order No Violation Of Right To Privacy : Indian Kanoon Opposes Plea In Kerala HC To Remove Personal Details From Reported Judgment
4 years, 2 months ago

Publication Of Court Order No Violation Of Right To Privacy : Indian Kanoon Opposes Plea In Kerala HC To Remove Personal Details From Reported Judgment

Live Law  

"Law allows the publication of matters which are "public records", including court records and orders of courts/tribunals," said legal search engine Indian Kanoon in a counter-affidavit filed before the Kerala High Court in response to a writ petition seeking removal of the name/ personal details of the Petitioner. Right To Be Forgotten: Kerala HC Admits Plea For Removal Of Personal …

Govt Decision To Open More Liquor Shops/Bars/Parlours Cannot Be Said To Be Unconstitutional: Kerala HC [Read Judgment]
4 years, 7 months ago

Govt Decision To Open More Liquor Shops/Bars/Parlours Cannot Be Said To Be Unconstitutional: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has observed that the decision of the State Government in opening more liquor shops, bars/parlours, cannot be said to be violative of Constitution of India or the statutory provisions.The bench of Chief Justice S. Manikumar and Shaji P. Chaly observed thus while dismissing a Public Interest Litigation filed by members of the Kerala Prohibition Council, a …

Plea In Supreme Court Against Non-Medical Consumption Of Alcohol [Read Petition]
4 years, 8 months ago

Plea In Supreme Court Against Non-Medical Consumption Of Alcohol [Read Petition]

Live Law  

"State like Gujarat, Bihar, Tamilnadu, Kerala, Nagaland and Manipur has already taken steps to prohibit the liquor and other intoxicating drinks and drugs. Other States should also take steps to check the menace of liquors and other intoxicating drinks and drugs in spirit of Article 47 read with Article 21, 38, 39, 46, 47 and 51A." BJP leader Ashwini Kumar …

Kerala High Court stays order on liquor sale on medical prescription
4 years, 11 months ago

Kerala High Court stays order on liquor sale on medical prescription

Deccan Chronicle  

Kochi: The Kerala High Court on Thursday stayed the state government order for issuing special passes to alcohol addicts with serious withdrawal symptoms, on doctor’s prescription. The Indian Medical Association, Kerala chapter has also approached the High Court against the government’s move. The High Court also stayed the order issued by the Kerala State Beverages Corporation managing director in this …

Liquor ban on highways: Shops in Kerala move Supreme Court to seek clarification of its order
7 years, 9 months ago

Liquor ban on highways: Shops in Kerala move Supreme Court to seek clarification of its order

Firstpost  

Several Kerala-based liquor shops owners approached Supreme Court seeking clarification of its order to shut down liquor vends New Delhi: Several Kerala-based beer and wine parlour owners on Wednesday approached the Supreme Court seeking clarification of its order to shut down liquor vends within 500 metres of national and state highways from 1 April. They have claimed that after the …

Don’t Misconstrue Court Order On Highway Liquor Ban: Kerala HC Cautions Excise Dept [Read Order]
7 years, 9 months ago

Don’t Misconstrue Court Order On Highway Liquor Ban: Kerala HC Cautions Excise Dept [Read Order]

Live Law  

Justice Devan Ramachandran of the Kerala High Court on Tuesday strongly censured and deprecated the approach taken by the Excise department in matters pertaining to ban on sale of liquor along national /state highways.The court had earlier directed the Excise department to consider permission to bars along highways de-notified prior to the Supreme Court judgment. Justice Devan Ramachandran of the …

Supreme Court may relook at liquor order
7 years, 11 months ago

Supreme Court may relook at liquor order

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday indicated that it will have a re-look at the December 2016 order banning liquor shops within 500 metres of state and national highways across the country, with a view to preventing accidents caused due to drunken driving. With the court giving a deadline of March 31 for closure of all the liquor shops …

SC Order On Liquor Vends Near Highways Not Applicable To Bars: AG’s Opinion [Read Opinion]
8 years ago

SC Order On Liquor Vends Near Highways Not Applicable To Bars: AG’s Opinion [Read Opinion]

Live Law  

Kindling hope in the mind of those owning bars near highways in Kerala, Attorney General Mukul Rohatgi has told the Kerala government that the Supreme Court order banning liquor vends within 500 metres of state and national highways does not apply to bars and restaurants that serve alcohol.The AG’s view was reported by the Times of India. Kindling hope in …

High Courts Weekly Round-Up
8 years, 2 months ago

High Courts Weekly Round-Up

Live Law  

ALLAHABAD HCThe Allahabad High Court disposed of a writ petition against BSP president Mayawati filed by BJP leader Neeraj Kumar Saxena, wherein he had alleged that Mayawati openly sought votes to a public at large, amounting to wooing the electorate, based on a religious appeal.BOMBAY HCA division bench of Justices Ranjit More and ShaliniPhansalkar Joshi of the Bombay High Court …

High Courts Weekly Round-Up
8 years, 2 months ago

High Courts Weekly Round-Up

Live Law  

ALLAHABAD HCThe Allahabad High Court disposed of a writ petition against BSP president Mayawati filed by BJP leader Neeraj Kumar Saxena, wherein he had alleged that Mayawati openly sought votes to a public at large, amounting to wooing the electorate, based on a religious appeal.BOMBAY HCA division bench of Justices Ranjit More and ShaliniPhansalkar Joshi of the Bombay High Court …

Right To Alcoholic Drink Not A Fundamental Right: Kerala HC [Read Judgment]
8 years, 2 months ago

Right To Alcoholic Drink Not A Fundamental Right: Kerala HC [Read Judgment]

Live Law  

Right to privacy—if right to take intoxicating drinks were one— always subject to reasonable restrictions, the bench held.The Kerala High Court has dismissed a challenge against the government’s liquor policy, observing that the laws prohibiting alcoholic drinks will not fall foul of the fundamental rights guaranteed to a citizen.Anoop MS had challenged the policy on the ground that. Right to …

SC dismisses Review petition challenging Kerala Liquor policy
9 years ago

SC dismisses Review petition challenging Kerala Liquor policy

Live Law  

A Division Bench of the Supreme Court on Wednesday reportedly dismissed a batch of petitions demanding review of its decision approving Kerala’s new liquor policy that bans drinking of liquor in public and limiting serving of alcohol to five-star hotels.The Bench, comprising Justice J.S. A Division Bench of the Supreme Court on Wednesday reportedly dismissed a batch of petitions demanding …

SC dismisses Review petition challenging Kerala Liquor policy
9 years ago

SC dismisses Review petition challenging Kerala Liquor policy

Live Law  

A Division Bench of the Supreme Court on Wednesday reportedly dismissed a batch of petitions demanding review of its decision approving Kerala’s new liquor policy that bans drinking of liquor in public and limiting serving of alcohol to five-star hotels.The Bench, comprising Justice J.S. A Division Bench of the Supreme Court on Wednesday reportedly dismissed a batch of petitions demanding …

Running dry: SC upholds Kerala liquor policy that prohibits sale of alcohol in bars
9 years, 2 months ago

Running dry: SC upholds Kerala liquor policy that prohibits sale of alcohol in bars

Firstpost  

The Supreme Court has upheld the Kerala government’s liquor policy that will now permit the sale of alcohol only in bars which are a part of a five-star hotel. The Supreme Court has upheld the Kerala government’s liquor policy that prohibits bars that are not in a five-star hotel from selling alcohol. An apex court bench comprising Justice Vikramjit Sen …

SC nod to Kerala's liquor policy draws mixed reactions; govt is 'happy', bar owners are not
9 years, 2 months ago

SC nod to Kerala's liquor policy draws mixed reactions; govt is 'happy', bar owners are not

Firstpost  

The Kerala government on Tuesday hailed the Supreme Court’s verdict that not only upheld the Kerala High Court’s verdict but also the Oommen Chandy government’s liquor policy. Thiruvananthapuram: The Kerala government on Tuesday hailed the Supreme Court’s verdict that not only upheld the Kerala High Court’s verdict but also the Oommen Chandy government’s liquor policy. According to the Kerala government’s …

SC upholds Kerala liquor ban, bars to operate only in 5-star hotels
9 years, 2 months ago

SC upholds Kerala liquor ban, bars to operate only in 5-star hotels

India TV News  

New Delhi: The Supreme Court on Tuesday upheld Kerala's new liquor policy restricting sale and consumption of liquor at bars in five star hotels only. An apex court bench comprising Justice Vikramjit Sen and Justice Shiva Kirti Singh in their judgement pronounced on Tuesday dismissed the petitions challenging the Kerala liquor policy while upholding the Kerala High Court's earlier judgement …

Breaking; Supreme Court upholds Kerala Liquor policy confining bar permits to only 5 star hotels [Read Judgment]
9 years, 2 months ago

Breaking; Supreme Court upholds Kerala Liquor policy confining bar permits to only 5 star hotels [Read Judgment]

Live Law  

In a massive blow to three, four star and lower level bar owners in Kerala, the Supreme Court today upheld the state government's new liquor policy to confine bar license to only 27 five star bars in the state. The judgment of the division bench of Kerala High Court is upheld", a bench of Justices Vikramajit Sen and Shiva Kirti …

Kerala High Court Upholds the State Government’s Liquor Policy
9 years, 11 months ago

Kerala High Court Upholds the State Government’s Liquor Policy

Live Law  

A Division Bench of the Kerala High Court comprising of Justices K.T. Sankaran and Babu Mathew P. Joseph delivered a judgment on 31st March, 2015 upholding the constitutional validity of the State Government's Liquor Policy framed last year confining bar licences only to five star hotels and banning other category of bars.The judgment came as a recognition of the Government’s …

Kerala HC upholds liquor ban, alcohol sale restricted to 62 hotels
10 years, 4 months ago

Kerala HC upholds liquor ban, alcohol sale restricted to 62 hotels

India TV News  

Thiruvananthapuram: A single-judge bench of the Kerala High Court Thursday allowed 62 heritage, four- and five-star hotel bars to operate from Thursday. Justice K. Surendra Mohan Thursday gave the verdict on plea of the Kerala Bar Hotel Owners Association, which had sought permission to operate their bars. The new liquor policy of the Kerala government, aiming to achieve complete prohibition …

Kerala HC clears closure of 700 liquor bars in the state
10 years, 4 months ago

Kerala HC clears closure of 700 liquor bars in the state

Live Mint  

Kochi: In a blow to bar owners, the Kerala high court on Thursday upheld the validity of the Congress-led UDF government’s new liquor policy, paving the way for closure of 700 bars attached to small and medium hotels in the state. The court, however, gave some reprieve, allowing 33 bars in four-star and heritage category hotels to function after the …

No closing of BAR Hotels till September 30: Supreme Court to Kerala Govt.
10 years, 6 months ago

No closing of BAR Hotels till September 30: Supreme Court to Kerala Govt.

Live Law  

The Supreme Court today restrained the Kerala Government from shutting down the ‘Bar Hotels’ till September 30, under the state’s new liquor policy that limits bar licences to only five-star hotels. The order has brought ahuge relief to non-five-star hotel bar owners as the state government was ready to initiate closingdown process against such bars as part of its plan …

Supreme Court questions logic behind Kerala's new liquor policy
10 years, 6 months ago

Supreme Court questions logic behind Kerala's new liquor policy

Live Law  

The Apex Court yesterday questioned the logic behind new liquor policy of the Government of Kerala for limiting bar licenses to only 5-star hotels as part of a move to implement total prohibition in the State in 10 years and agreed to examine it.A bench of justices A R Dave and U U Lalit agreed to grant an urgent hearing …

‘Right to sell liquor no fundamental right’
10 years, 6 months ago

‘Right to sell liquor no fundamental right’

The Hindu  

The Kerala government submitted before a Bench of the Supreme Court on Wednesday that the right to sell liquor was not a fundamental right. Government counsel Kapil Sibal, arguing against a petition challenging the decision to close 730 bars in the State, said the decision to close the bars was a policy decision. In an urgent mentioning to stop the …

No logic in Kerala bar closure: SC
10 years, 6 months ago

No logic in Kerala bar closure: SC

The Hindu  

The Supreme Court on Wednesday questioned the "logic" behind the Kerala government's new liquor policy to shut down 730 bars across the State, branding them as "sub-standard", while letting watering holes in five-star hotels function without any restriction. Meanwhile, a Division Bench of the Kerala High Court has agreed to hear the affected bar owners against the policy on September …

Nearing total prohibition: HC clears Kerala's new liquor policy
10 years, 6 months ago

Nearing total prohibition: HC clears Kerala's new liquor policy

Firstpost  

Upholding the state government’s new liquor policy, Kerala High Court today dismissed a petition filed by the Kerala Bar Hotel Owners Association which had challenged the decision announced by the government last month. Thiruvananthapuram: Upholding the state government’s new liquor policy, Kerala High Court todaydismissed a petition filed by the Kerala Bar Hotel Owners Association which had challenged the decision …

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